Inside IP Summer 2025

A word from our editors Kirsty Dolphin and Simon Taor

Welcome to our Inside IP Summer 2025 Edition!

This edition is packed with our latest insights on key sector trends and the latest developments in trade marks, designs and patents across Europe. We trust you’ll find these topics engaging. Should you require further information or wish to discuss any of the subjects in more detail, please do not hesitate to get in touch with our team covering both the UK and the EU. Remember, we’re always just an email or phone call away.

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Our perspective on…

How and why defence industry SMEs should use the patent system
Imagine you are a defence industry SME competing for a government contract. You are confident that you have better solutions than your competitors, but technical quality is only one of many factors used in deciding whether you win the contract. Gary Whiting explores how defence industry SMEs can use the patent system to their advantage, including to win and fulfil contracts.

Recent T decision demonstrates the EPO’s position on technical character and sufficiency in relation to AI
Continuing our series on biotechnology and artificial intelligence (AI), this article provides an update on a recent European Patent Office (EPO) Board of Appeal decision concerning a method for analysing image data from cells growing in culture. Sophie Newgas reviews the decision and considers how it supports earlier case law while highlighting the ongoing challenges in securing patent protection for AI-based inventions in the biotechnology sector.

Earth Day 2025 – Our Power, Our Planet
22 April 2025 marked this year’s Earth Day, with the theme Our Power, Our Planet. This powerful call to action urges us to unite behind renewable energy, with the ambitious goal of tripling global clean electricity generation by 2030. Whether you are interested in the latest advancements in solar technology, the future of battery innovation, or the role of patents in protecting emerging ideas, this article provides valuable insights into the rapidly evolving clean energy sector.

Can you patent music?
This year’s Intellectual Property day theme, “IP and Music: Feel the Beat,” explores the dynamic relationship between intellectual property and the world of music. While we often associate music with copyright, this article delves into some unexpected intersections between music and patents.

Clean technology series: hydroelectric power – an overview
In this third article of our clean technology series, we focus on hydroelectric power. This important technology generates more energy annually than all other renewable sources combined. We look at the background to this technology, key challenges, and the future outlook for helping to meet the world’s energy demands.

Right or wrong to repair: an IP perspective
In recent years, there has been an increased focus on working towards a more circular economy. In this article, the possible role IP may have in the right to repair space is discussed, and some challenges which may need to be addressed or overcome are presented.

UPC and EU Courts updates

Added matter at the UPC: Abbott v Sibionics
The Unified Patent Court (UPC) is setting its own standards: Mahdi Godazgar and Peter Thorniley look at how the thorny issue of added subject matter is being treated by the new court.

The Unitary Patent and the Unified Patent Court: engagement with the new European patent system
With the Unitary Patent and Unified Patent Court entering their third year, Mahdi Godazgar and Peter Thorniley take a deep dive to see where the action is.

CJEU grants EU courts’ jurisdiction to hear foreign patent infringement disputes
Dan Byrne and Peter Lyons consider the impact of the CJEU’s decision in BSH Hausgeräte v Electrolux on the interplay between the long-standing principle that a defendant to European litigation ought to be sued in its country of domicile, and the fundamentally territorial nature of patent rights.

Birkenstock loses copyright battle in Germany
Greg Rock explores the recent decision from Germany’s Federal Court of Justice in BGH I ZR 16/24, where Birkenstock’s claim that their sandals were protected by copyright was rejected. The court held that the sandals were geared towards functionality and could not be classified as a ‘work of art’, meaning they were incapable of being protected by copyright.

Trade Mark updates

The ongoing saga of Aldi copycats
The IP world might be boring without Aldi often toeing the line between creating products that emulate a recognisable brand whilst being far enough away to avoid infringing third party rights. In this article, Sarah Neil discusses the most recent update in the ongoing Aldi sagas, where Robinsons have called Aldi out on their Squirty Squash!

Grand board of appeal clarifies correct practice regarding conversion of an EUTM into national applications
After many decades of confusion, the EUIPO’s Grand Board of appeal has clarified that a refused EUTM application or EU designation can be converted into national applications in every EU member state provided that the application/designation is withdrawn before the deadline for appealing the refusal.

The vulnerability of UK comparable trade marks: Use requirements post 2025
From 1 January 2026, UK comparable trade marks (automatically cloned from EU Trade Marks post- Brexit) must show genuine use in the UK to remain enforceable. Until now, EU use could support them in UK proceedings, but with the transitional period ending, only UK-based use can be relied on in opposition and non-use cancellation actions.

UK IPO update on the speed of contentious trade mark proceedings
The UK IPO have updated their timeframes for contentious trade mark proceedings. With nearly 800 cases awaiting a decision, these delays have real implications for brand strategy and product launches. Early filing and proactive portfolio management are now more critical than ever.

Venner Shipley News

For a round up of our news click here.