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Perspective - Blog

Thaler v Comptroller [2023] UKSC 49: the UKSC rules that AI cannot be an 'inventor'

Published on 10 Jan 2024. By Matthew Jones, Partner

To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the UKIPO. It also reflects similar findings from most of courts around the world where the claimant, Dr Thaler, brought similar actions.

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Perspective - Blog

Generative AI and intellectual property rights—the UK government's position

Published on 03 May 2023. By Helen Armstrong, Partner and Jani Ihalainen, Associate and Joshy Thomas, Knowledge Lawyer

The IPO is to produce a code of practice by the summer that will provide guidance to support AI firms in accessing copyright protected works as an input to their models.

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Perspective - Blog

Ginfringement: Success for M&S in the Court of Appeal in registered design spat with Aldi

Published on 15 Mar 2024. By Rory Graham, Associate and Georgia Davis, Of Counsel

M&S and Aldi's gin bottle battle over design rights has reached a conclusion (for now) as the Court of Appeal has unanimously upheld the IPEC's decision that Aldi's bottle infringed M&S' design.

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Perspective - Blog

Clear as gin: M&S and Aldi take liquor bottle battle to the Court of Appeal

Published on 26 Jan 2024. By Rory Graham, Associate and Georgia Davis, Of Counsel

Intellectual property enthusiasts' favourite supermarket adversaries were back at loggerheads this week as M&S and Aldi appear before the Court of Appeal. The pair sought to thrash out a first instance decision handed down in the Intellectual Property Enterprise Court (IPEC) regarding alleged infringement of M&S' registered design rights in a gin bottle.

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Perspective - Blog

M&S v Aldi – lookalike claims lit up by design rights

Published on 24 Mar 2023. By Ciara Cullen, Partner and Harpreet Kaur, Associate

As lookalike products rise in prominence, the Intellectual Property Enterprise Court's (IPEC) recent ruling that the sale and advertisement of Aldi's 'Infusionist' range of favoured gins infringed M&S's UK registered designs protecting the light-up bottles containing its 'Snow Globe' gin range (Marks and Spencer PLC v Aldi Stores Limited [2023] EWHC 178) highlights the utility of registered design rights in circumstances where other intellectual property rights (IPR) are often less able to provide protection.

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Perspective - Blog

Lookalikes and passing off—bottle design get-up claim (Au Vodka)

Published on 07 Nov 2022. By Ciara Cullen, Partner and Sarah Mountain, Partner and Samuel Coppard, Senior Associate

Currently there's significant activity in the lookalikes space. The Au Vodka claim (Au Vodka v NE10 Vodka [2022] EWHC 2371), which focuses on bottle design 'get-up', arrived in the courts for an interim injunction hearing in September 2022. Au Vodka's application was dismissed. The judgment shows that passing off—get-up claims based on shape can be challenging to bring, particularly at the interim stage, and prompts the question of whether it's possible to bring Cofemel and copyright into the lookalikes arena.

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Perspective - Blog

Sky Kick Back! High Court finding of bad faith overturned by Court of Appeal in long-running Sky v Skykick saga

Published on 09 Aug 2021. By Ben Mark, Partner and Sarah Mountain, Partner

On 26 July 2021, the Court of Appeal (CoA) handed down its much-anticipated decision in the latest instalment of the Sky v Skykick trade mark dispute.

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Perspective - Blog

William Grant & Sons v Lidl: where to be-gin?

Published on 16 Jun 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Partner

On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.

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Perspective - Blog

Landmark case sees trade mark specifications cut down on grounds of bad faith.

Published on 29 Apr 2020. By Ben Mark, Partner and Sarah Mountain, Partner

Today, the High Court handed down judgment in Sky v SkyKick. The judgment follows the CJEU's 29 January 2020 decision, which answered various questions that the High Court had referred to it, back in June 2018.

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Perspective - Blog

COVID-19 prompts changes to working arrangements for the Court of Justice of the European Union

Published on 09 Apr 2020. By Louise Morgan, Senior Associate

Prompted by the COVID-19 pandemic, the CJEU announced, on 19 March 2020, that it will be temporarily changing its working arrangements.

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Perspective - Blog

EU AI ACT-ion stations

Published on 29 Sep 2023. By Helen Armstrong, Partner and Charles Buckworth, Partner

The EU is forging ahead with its vision for AI. With wrapping up talks on the EU AI Act between the EU governments, the Commission and the parliamentary negotiators imminent, we bring you up to date on the EU's risk based approach, the scope of the Act, a timeline, key points that will form the basis of the discussions and next steps.

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Perspective - Blog

What To Know About AI Fraudsters Before Facing Disputes

Published on 29 Aug 2023. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate

Fraudsters are quick to weaponise new technological developments and artificial intelligence is proving no exception, with AI-assisted scams increasingly being reported in the news, including most recently one using a likeness of a BBC broadcaster.

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Perspective - Blog

The November 2023 AI safety summit and the UK's direction of travel

Published on 29 Aug 2023. By Helen Armstrong, Partner and Charles Buckworth, Partner and Joshy Thomas, Knowledge Lawyer

The government has confirmed that the UK AI safety summit will be held at Bletchley Park on 1 and 2 November 2023.

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Perspective - Blog

Cyber_Bytes - Issue 34

Published on 07 Sep 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate

We hope you enjoy this latest edition of Cyber_Bytes, our bi­weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 33

Published on 16 Jun 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 32

Published on 10 May 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 31

Published on 08 Apr 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 30

Published on 16 Mar 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 29

Published on 22 Feb 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 28

Published on 29 Jan 2021.

Welcome to latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 27

Published on 14 Dec 2020. By Richard Breavington, Partner and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 26

Published on 01 Dec 2020. By Richard Breavington, Partner and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 25

Published on 05 Nov 2020. By Richard Breavington, Partner and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 24

Published on 21 Oct 2020. By Richard Breavington, Partner and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 23

Published on 02 Oct 2020. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Rachel Ford, Partner

Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the last two weeks.

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Perspective - Blog

Cyber_Bytes - Issue 22

Published on 15 Sep 2020. By Richard Breavington, Partner and Rachel Ford, Partner

Welcome to the latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 21

Published on 03 Sep 2020. By Richard Breavington, Partner and Rachel Ford, Partner

Welcome to the latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 19

Published on 31 Jul 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the last two weeks.

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Perspective - Blog

Cyber bytes - Issue 17

Published on 01 Jul 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber bytes - Issue 16

Published on 16 Jun 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber bytes - Issue 15

Published on 01 Jun 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber bytes - Issue 14

Published on 22 May 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber Bytes - Issue 13

Published on 20 May 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber Bytes - Issue 12

Published on 21 Apr 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 10

Published on 10 Apr 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber Bytes - Issue 11

Published on 06 Apr 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 8 2020

Published on 10 Mar 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to the eighth 2020 edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 9

Published on 09 Mar 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 7 2020

Published on 10 Feb 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to the seventh 2020 edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 6 2020

Published on 29 Jan 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the first month of 2020.

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Perspective - Blog

Cyber_Bytes - Issue 5 2019

Published on 10 Dec 2019. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, a bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Pushing back on APP scams

Published on 18 Jul 2019. By Ian Dinning, Senior Associate

An Authorised Push Payment (APP) is where a payer instructs their payment service provider, such as their bank, to send money from their account to another. These payments are usually made through the Faster Payment Service or CHAPS.

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Perspective - Blog

Brevan Howard's gagging order against Reuters upheld by the Court of Appeal in breach of confidence case

Published on 10 Jul 2017.

The news agency, Reuters, has lost its appeal against an injunction, which prevented it from reporting leaked confidential and commercially sensitive information concerning a leading global alternative asset manager, Brevan Howard Asset Management LLP.

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Perspective - Blog

18 months on - the ICO reflects on Google Spain

Published on 11 Nov 2015. By Alex Wilson, Partner

The ICO has recently blogged on the cases it has received in the year and a half since the Google Spain decision last May.

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Perspective - Blog

Brand & Khan obtain continuing "anti-harassment" order against masseuse

Published on 29 Sep 2014.

The High Court has recently granted an extension to an anti-harassment injunction taken out by Russell Brand and Jemima Goldsmith, otherwise known as Jemima Khan (the Claimants), against a masseuse (the Defendant).

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Perspective - Blog

A Chinese lesson for private investigators

Published on 30 Aug 2013. By Keith Mathieson, Partner

Those engaged in the investigation business – whether sniffing out personal or corporate intelligence – are well aware of the need to comply with laws that protect personal information.

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Perspective - Blog

Can schools take pupils' fingerprints?

Published on 09 Apr 2013. By Keith Mathieson, Partner

The Times reported last week that parents at an independent school in north London had protested when fingerprints were allegedly taken from pupils without consent with a view to the fingerprints being used for the automated lunch payment system.

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Perspective - Blog

A former editor’s view on the naked Royal

Published on 22 Aug 2012. By Keith Mathieson, Partner

There’s an interesting view on the naked pictures of Prince Harry from a former tabloid editor.

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Perspective - Blog

Access to Documents in Criminal Proceedings – Guardian Challenge Secures Change

Published on 03 Apr 2012. By Keith Mathieson, Partner

The Court of Appeal has ruled that where documents have been placed before a judge and referred to in the course of open proceedings, the default position should be that access should be permitted on the open justice principle.

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Perspective - Blog

Cabinet minister's 17-year-old son gets privacy injunction but not anonymity

Published on 15 Feb 2012. By Keith Mathieson, Partner

The son of Caroline Spelman, the Environment Secretary, has obtained an injunction against the publishers of the Daily Star Sunday.

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