Related insights: IP, Technology and Data

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Why and how to protect your digital assets

31 Jul 2020
Unless you take positive steps your digital assets could be lost if you die or become incapacitated. If you do nothing else, check that your Will deals with your digital assets and make sure your digital identity is protected so that it cannot be misused after your death.
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Can former employees take your confidential information to their new job?

28 Jul 2020
When an individual moves to a new role, they take valuable skills and knowledge which they will use for the benefit of their new employer. Where this happens, particularly where an employee moves to a competitor, it can be difficult to draw a line between information that an employee can legitimately use in their new position as part of their own experience, and specific information which should not be disclosed even though the terms of their former employment contract have ceased to apply.
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Standard Contract Clauses are valid – up to a point

16 Jul 2020
The European Court of Justice (ECJ) has struck down the EU-US Privacy Shield, removing a key method for lawful transfers of personal data from the EU (and UK) to the US. As with its predecessor, Safe Harbor, the court considered that Privacy Shield could not provide adequate protection against the US Federal government’s bulk digital surveillance. 
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UK Supreme Court gives a strict interpretation on the rules of sufficiency

13 Jul 2020
The UK's Supreme Court ("UKSC") has handed down its eagerly awaited judgment in the dispute between Regeneron Pharmaceuticals Inc ("Regeneron") and Kymab Limited ("Kymab").  The invention by Regeneron related to the creation of a type of transgenic mouse (the "VelocImmune") that is more effective in its receipt of human antibody genes, for the production of human antibodies. As such, this genetically modified mouse has been regarded as a major breakthrough in the field of bio pharmaceuticals. Nevertheless, despite such an advancement, the UKSC has held that the patents upon which Regeneron based its innovative platform are invalid for lack of sufficiency because the claims, as construed, would include a range of modified mice, some of which it would not have been possible to produce as at the priority date of February 2001.
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More for your money – cost savings on UK/EU trade mark protection

10 Jul 2020
In the current climate, we understand that businesses are looking to make cost savings while maximising the return on their spend. Here are some simple measures that organisations should explore to make the most of their funds when it comes to trade mark management in the United Kingdom and European Union. 

Flying on Red Bull's wings

09 Jun 2020
In a recent case involving the globally-renowned energy drinks manufacturer, the High Court held that a director (who acted mainly as a litigant in person) was jointly liable for acts of trade mark infringement committed by the company.
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Preservation is priority – a lesson in the execution of 'search' orders

13 May 2020
The High Court has reiterated that the primary aim of search orders is to preserve evidence, not to serve as some form of early disclosure. The High Court also chose to remind parties (and their representatives) that exceeding the permission given to them by these search orders, carries with it the risk of substantial penalties and severe consequences. In a recent case, it was held that the Claimant and its legal representatives, who pre-emptively searched seized material, without the Defendants' or the Court's permission, committed "serious and completely unjustified" breaches of the terms of the search order.