Shoosmiths’ Technology Sector Group comments on upcoming trends and developments to expect in 2024 for the sector. Artificial Intelligence (AI) Alex Kirkhope – IT & Tech Partner With Collins Dictionary naming “AI” its word of the year, there is no disputing that artificial intelligence has been the world’s most talked about technology of 2023 ...
When assessing your business assets, IP might not be at the front of your mind, but it could be one of your most valuable assets as it’s at the heart of your business. This article provides a whistlestop tour of the IP assets that are important to consider ...
Following the recently reported hack of the US Securities and Exchange Commission (SEC)’s social media account yesterday (10 January 2024), the SEC formally announced that it had approved the launch of 11 Bitcoin ETFs in the US. As the announcement states, these approvals are not an endorsement of cryptocurrency as an “investment” or of any of the issuers of the ETFs themselves ...
Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner. What matters? Interim (preliminary) injunctions in English intellectual property litigation are rare. Among other things the Court considers whether there will be irreparable harm to the intellectual property owner ...
Carey Olsen advises Lightspeed Faction on launch of blockchain venture capital fund The fund is a collaboration between Lightspeed Venture Partners (Lightspeed) and the Faction partnership through the newly formed cryptocurrency firm, Lightspeed Faction ...
Carey Olsen's Steven Rees Davies recognised as leading FinTech and blockchain practitioner Who Who's Legal has featured Steven in its 2023 FinTech and Blockchain Report, which recognises leading FinTech and blockchain legal practitioners from across the world. The report showcases lawyers with extensive experience in the FinTech and blockchain space and those that are well practised in assisting clients with implementing blockchain solutions and providing cyber security advice ...
Shoosmiths’ Commercial Energy and Mobility partner, Chris Pritchett moderated a panel discussion on the progress towards net zero adoption in passenger vehicles at the recent SMMT International Automotive Summit 2024. An overarching theme applying to all sessions across the day was the industry roadmap for the transition to net zero ...
The recent decision to permit 45 million competition law claimants to claim against Meta has thrown fresh focus on the real risks posed to organisations after data breaches. Here, we discuss recent trends and make some predictions. Following the news that up to 45 million claimants under competition law have been given the go-ahead for a £2bn class action against Meta, many are thinking about what the real risk of class action litigation is after a mass data breach ...
The recent Autumn Statement contained little support for charities as the sector continues to face increased demand, higher costs and reduced funding ...
In August 2024 the European Commission published draft guidelines on the application of Article 102 of the Treaty on the Functioning of the European Union (“TFEU”) to abusive exclusionary conduct by dominant undertakings. Rather than the current guidance on enforcement priorities, this document has taken the shape of guidelines proper, similar to those found in respect of Article 101 TFEU ...
A podcast series that explores privacy themes within some of the most well-known movies. Whether you are a film buff, a privacy advocate, or simply curious about the intersection of storytelling and privacy, take a journey with us as we explore how the big screen tackles privacy. In this episode, William Moore and Becky Gray discuss the “Lord of the Rings” trilogy ...
On July 26, 2024, in a precedential decision, the U.S. Court of Appeals for the Federal Circuit (CAFC) upheld and expounded on the estoppel provision set forth in 37 C.F.R. § 42.73(d)(3)(i). The CAFC confirmed that the Patent and Trademark Office (PTO) had the authority to promulgate such a regulation while limiting the application to new claims or amended claims, but not to previously issued claims ...
A consultation published by the EU Commission on which over-the-counter (OTC) derivatives identifier would best facilitate price transparency closed at the end of last week. While we will need to wait until mid-2024 to hear the Commission’s findings, there are a couple of points of much broader impact and interest to all those interested in operating a multinational business, market structure, technology, digital assets, regulation, cross-border rule harmonisation and data privacy ...
Under 35 U.S.C. § 102, the “on-sale bar” invalidates a patent if an inventor has sold or made the invention publicly available more than one year before filing the patent application.[i] Recently, the United States Court of Appeals for the Federal Circuit decided Celanese Int'l Corp. v. International Trade Commission, and held to the traditional rule that the on-sale bar clock starts when an inventor sells a product made with a patented process ...
Malta has been a forerunner in regulating digital assets with the introduction of the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta (the “VFA Act”) back in 2018. Following its approval in 2022 and publication in 2023, Regulation (EU) 2023/1114 of the European Parliament and Council on markets in crypto-assets (“MiCAR”) has an 18-month window to become fully enforceable by 30th December 2024 ...
In the ever-evolving landscape of intellectual property law, a new federal bill has emerged to address the unique challenges faced by golf course designers and architects. The Bolstering Intellectual Rights against Digital Infringement Enhancement, or BIRDIE, Act would extend copyright protection to golf course designs, acknowledging the creative and intellectual effort involved in crafting these intricate and aesthetically pleasing spaces. This bipartisan legislation — introduced by U ...
Intellectual property disputes can have staggering financial implications for businesses. One of the most notable examples is the IP battle between Samsung and Apple, which transcended borders and delved into the intricate details of design and utility patents. At the peak of their dispute in the U.S., Apple was awarded over$1 billionin damages in 2012. This case underscores the critical importance of comprehensive IP protection, not just for tech giants but for all enterprises ...
In the New Year, the United States Supreme Court is expected to hear arguments over the damages a plaintiff can recover in a copyright infringement lawsuit. The Supreme Court will consider the question of whether damages are limited only to the three-year period before the plaintiffs filed suit, or whether they can be retrospectively awarded for a longer period, as long as the plaintiffs filed within three years of discovering the infringement. In Warner Chappell Music Inc. v ...
Last week, Shoosmiths hosted an event by The Fashion Network titled ‘AI in Fashion Retail: Mastering the Future of the Style business’. During this event we heard from fashion industry leaders on how the retail sector is seeking to revolutionise their businesses using cutting-edge artificial intelligence (AI) technologies ...
At a time when Canada and many other countries are taking steps to protect users from harm online,1a decision was handed down by the Supreme Court of British Columbia (the “Court”) on January 15, 2024, regarding the conduct of a competitor with respect to complaints about intellectual property infringement made on Amazon’s e-commerce website ...
On December 12th, 2023, the Chamber of Deputies approved in the second constitutional procedure the bill that "Establishes a Framework Law on Cybersecurity and Critical Information Infrastructure" (the "Bill"). On the same date, the Bill was sent to the Senate and advanced to the third constitutional stage, with all the amendments of the reviewing chamber being approved ...
On 9 December 2023 the European Parliament and the Council managed to reach a provisional agreement regarding the AI Act, which is expected to be adopted early 2024. Within two years from adoption the AI Act will apply to all businesses introducing or using AI in the EU. Given this timeline, EU businesses should already be planning and adjusting their strategies to comply with the new AI regulation ...
Before delving into the topic, let?s begin with a definition. Official marks are statutory instruments specific to Canadian practice. They are not trademarks per se, but are treated similarly, because they are adopted and used by a limited group of organizations including universities, Canadian public authorities and Her Majesty?s Forces.1 In this article, we will be focusing on Canadian public authorities ...