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Jan 29, 2025 | 
herbertsmithfreehills.com | Sebastian Moore |Laura Orlando |Frédéric Chevallier |Rachel Montagnon
The Unified Patent Court (UPC) has been in operation for a year and during this period Herbert Smith Freehills has been busy helping clients across the full spectrum of UPC issues, from advice on opt-in vs opt-out strategy, through to full-scale UPC proceedings. We are delighted to mark this anniversary (and the imminent opening of the Milan seat of the UPC's Central Division on 26 June 2024) with our briefing The UPC landscape one year on (available on request here).
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Jan 21, 2025 | 
herbertsmithfreehills.com | Sebastian Moore |Laura Orlando |Frédéric Chevallier |Rachel Montagnon
The Unified Patent Court (UPC) is undoubtedly a success as a forum for the enforcement and revocation of European patents (EPs). The UPC Registry's statistics, for the first 18 months of the UPC being available to hear cases, show that the new court has gathered a significant amount of business. There were 239 infringement actions and 55 standalone revocation actions filed in that time.
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Jul 1, 2024 | 
lexology.com | Sebastian Moore |Laura Orlando |Frédéric Chevallier |Andrew Moir |Jonathan Turnbull |Sophie Rich | +1 more
See our summary of who's currently in and who's out of the UP/UPC system below. IN: UPC participating Member States that have ratified the UPCA in respect of the non-opted out EPs of which the UPC will have jurisdiction and UPs will have effect (17): Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Slovenia, Sweden.
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Jun 24, 2024 | 
lexology.com | Aaron Hayward |Anna Vandervliet |Byron C. Turner |Rachel Montagnon
From the rise in deepfakes appearing online to the increased accessibility of generative programs such as Chat-GPT and DALL-E, it seems that around every corner there is a new development in the ML and AI space.
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May 31, 2024 | 
globallegalpost.com | Frédéric Chevallier |Rachel Montagnon |Sebastian Moore
The Unified Patent Court (UPC) has had a successful first year with more than 340 separate applications, including more than 120 infringement actions, and more than 30 revocation actions, 28 of which having been filed before the Paris central division. Much of the infringement action has been seen in the four German UPC first instance local division courts with more than 90 of the infringement actions commencing there.
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Mar 12, 2024 | 
lexology.com | Aaron Hayward |Anna Vandervliet |Byron C. Turner |Antonia Xu |Rachel Montagnon |Heather Newton | +3 more
In this series, we have explored whether IP rights protect AI systems themselves and whether copyright or patents provide protection for AI-generated works or inventions, however, equally as controversial is the way in which AI systems use others’ works. At their core AI systems are computer systems, working on large volumes of data. Those systems – and most obviously those data – are often the products of others’ intellectual and economic investment.
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Feb 7, 2024 | 
lexology.com | Nick Pantlin |Claire Wiseman |Sara Lee |Rachel Montagnon
Following landmark developments in 2023, the international spotlight remains firmly on AI regulation as we enter into 2024. The last few days alone have not only seen the COREPER Ambassador’s agreement on the EU AI Act, but also the long-awaited released yesterday (“Response“) and the House of Lords Communication and Digital Committee report on “Large language models and generative AI” (“Report“) published at the end of last week.
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Jan 31, 2024 | 
mondaq.com | Rachel Montagnon
The Irish Government's Department of Enterprise, Trade and
Employment announced yesterday (23 January) that the
Government has approved a proposal to hold a constitutional
referendum in June 2024 on Ireland's participation in the
Unified Patent Court. The referendum is to be held alongside the
European and local elections.
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Jan 24, 2024 | 
lexology.com | Rachel Montagnon
The Irish Government’s Department of Enterprise, Trade and Employment announced yesterday (23 January) that the Government has approved a proposal to hold a constitutional referendum in June 2024 on Ireland’s participation in the Unified Patent Court. The referendum is to be held alongside the European and local elections.
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Jan 16, 2024 | 
mondaq.com | George McCubbin |Rachel Montagnon |Heather Newton |Peter Dalton
In the IP world, 2024 started with headlines that Disney's
Mickey Mouse (or at least a version of him) is now in the public
domain. Two horror films and a video game about Disney's famous
icon were announced just days into the New Year. But what does it
mean to say that a character has entered the public domain? And
what can people do with Mickey that they could not do before?
