Inside IP Summer/Autumn 2024

A word from our editors Kirsty Dolphin and Simon Taor

Welcome to our Inside IP Summer/Autumn 2024 Edition!

This issue covers trends in various sectors, the Unified Patent Court (UPC) and notable developments in designs and trade marks. Specific topics include a roundup of innovations in the vet area, the role of AI in the medical and pharmaceutical industries and agritech, a follow-up on the Court of Appeal decision in Emotional Perception, advances in renewable energy technology, Moderna’s partial UK legal victory related to RNA vaccines, and we are also taking a close look at patenting quantum technology.

Updates from our trade mark team cover the benefits of GI registration, the relationship between brands and morality, and we are also looking at the 30th anniversary of the EUIPO as well as Puma’s trade mark dispute. Our design team looks at Puma’s design woes.

To read further click below

Veterinary patents: innovations in animal health and technology
The veterinary sector is experiencing significant innovation, driven by the global rise in companion animal ownership and an increasing emphasis on animal welfare across companion animals, working animals, and livestock. In the UK, spending on pets and related products has increased by 150% over the past 20 years. With rapid growth and competition in the sector, companies are seeking strong patent protection for their innovations. In this article, we explore recent advancements in the fields of biotechnology, pharmaceuticals, nutrition, telemedicine, and AI, that are shaping the future of veterinary care.

Clean technology series: renewable energy technology – powering the future
There has been increased interest and investment in the renewable energy sector in recent years, and renewable energy technologies have developed rapidly as a result. In our new series of articles, we will explore the challenges and exciting opportunities associated with a range of these technologies – solar, wind, hydroelectric, geothermal and bioenergy – and dive deeper into some of the key innovations in these areas. To start with, we take a brief look at the science behind the different renewable energy technologies and consider the interplay between innovation and IP in this sector.

The role of AI in the medical and pharmaceutical industries: a patent perspective
By considering different applications of AI in the medical sphere, Sophie Newgas and Robert Holbrook provide an overview of recent progress in this field.

Are “better” neural networks patentable in the UK?
In a follow-up article on the Court of Appeal decision in Emotional Perception, Richard Kennedy, Peter Thorniley and Darren Hau, discuss whether the judgment opens the door to patentability of ‘better’ neural networks in the UK.

Partial victory for Moderna in UK trials over patent pledge and RNA vaccine used during the Covid-19 pandemic
A legal dispute between Moderna on one side, and Pfizer/BioNTech on the other, over patents covering mRNA vaccines used during the Covid-19 pandemic, has resulted in a mixed ruling following two recent decisions from the High Court in England and Wales. In this article, we take a closer look as these latest UK decisions, which are part of an ongoing global legal battle between these companies.

Hay Aye – using AI on the farm
The agricultural sector is experiencing a transformative shift with the integration of Artificial Intelligence (AI) and machine learning (ML), leading to increased productivity and more sustainable farming practices. This article explores the rise of AI in agritech, highlighting its applications in crop and soil monitoring, pest and disease detection, livestock health monitoring, and intelligent spraying and weeding. Additionally, it discusses the challenges of obtaining patent protection for AI and ML technologies in agriculture, particularly within the UK and Europe, where these innovations must demonstrate a technical effect to be patentable.

The legacy of Alan Turing: 70 years of influence and innovation
This year marks 70 years since Alan Turing’s death. A remarkable mathematician and computer scientist, most famously known for cracking the Enigma code during World War II. In this article, we look at some of Turing’s lesser known achievements and discusses how his work has paved the way for not just modern computer science, but the development of AI.

Quantum technologies for the Quantum 2.0 era
In July, the new UK Government confirmed its commitment to investing in quantum technologies, announcing funding for five new quantum research hubs. But what are quantum technologies, and what trends do we see emerging in the patenting of innovation in these areas?

Voting technology: past, present and future
With elections in many countries including India, the United Kingdom and the USA, 2024 is being called the Year of Elections. Gary Whiting and Robert Smith take a look at what the patent literature might be able to tell us about the history of election technology.

Sanofi v Amgen: UPC revokes Amgen’s antibody patent in its first revocation order
Our antibody experts provide insights into the Sanofi v Amgen antibody patent case (UPC_CFI_1/2023), which led to the first revocation order issued by the Unified Patent Court (UPC). The decision, effective across all 17 UPC Member States, highlights the UPC’s wide territorial impact in Europe. The case, resolved just over a year after the UPC’s launch on 1 June 2023, demonstrates how swiftly cases can advance in this new court system. It remains uncertain whether Amgen will appeal the ruling.

Kluwer IP Law and Venner Shipley launch The Annotated UPC Agreement tool
The Annotated UPC Agreement tool is an extensive resource that allows users to promptly identify how the Rules of Procedure and UPC Agreement have been interpreted. You can easily locate relevant provisions and access links to any Orders or Decisions of the Court related to their application. Additionally, it includes expert commentaries on specific provisions where the Court has provided guidance, helping you quickly identify key interpretative points. The tool gives you an advantage for in-depth research and serves as a quick reference for any questions you may have or receive.

Puma fails to prove links: the limits of famous trade marks
When a world-famous sportswear brand like Puma contests an almost identical logo, you’d be surprised to hear that it was refused. But earlier this year, exactly that happened… twice. Mechthild Liebelt explores why this was the case and the limits of a world-famous trade mark.

Brands, trade marks and morality
We discuss the issue of controversial trade mark registrations that have faced objections due to the legal threshold of being “contrary to public policy or to accepted principles of morality’’. This standard is intended to prevent the registration of trade marks that could be deemed offensive or contrary to societal values.

The benefits of GI registration
Might your product qualify for Geographical Indication (GI) protection? David Birchall, a member of The MARQUES Geographical Indications team, summarises the benefits of GI protection and the GI registration process.

Happy 30th birthday EUIPO
This year marks the 30th anniversary of the European Intellectual Property Organisation (EUIPO). We explore how its existence has helped unify the protection of trade mark and designs in the EU.

Puma’s design dilemmas
Recent registered design cases involving Puma have shed light on how the concepts of novelty and individual character are assessed under EU law. Our article looks at a high-profile case in which the artist Rihanna let the (big)cat out of the bag by posting photographs of Puma’s footwear on social media prior to the filing date of Puma’s registered design application. We also explore two related decisions in which the EU General Court had to determine the extent to which disclaimed features shown in broken lines form part of the prior art.

VS news
A round-up of the latest Venner Shipley news.