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Recent Articles

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  26/04/2024

  United Kingdom

  World IP Day: Could IP help fuel the renewable energy transition in Scotland and beyond?

  The need to facilitate the transition to renewable energy and pressure to meet sustainable development goals continues to grow. As such, World IP Day seems an apt time to consider the vital role IP is playing in harnessing Scotland’s wealth of natural energy resources, by encouraging and protecting innovation.IntroductionIt is clear that the transition to renewable energy will rely heavily on new technology and innovation. This can be protected by a mixture of registered and unregistered IP such as patents, trade secrets, confidential information and copyright. Ensuring relevant IP protection...

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  25/04/2024

  United Kingdom

  The Procurement Act 2023 ‘goes live’ on 28 October 2024

  The Government has announced that it is working towards a ‘go-live’ date for the new procurement regime of  28 October 2024. This marks the beginning of the six month preparation period for contracting authorities, utilities and suppliers to the public, utilities and defence sectors.Guidance for transitional arrangementsOn 22 April, the Cabinet Office published guidance for transitional arrangements.The guidance sets out how the changeover from the previous legislation to the Procurement Act 2023 (the ‘Act’) should be managed and effected by contracting authorities,...

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  25/04/2024

  United Kingdom

  No two (or more) ways about it: UK Patents Court highlights the importance of clear and consistent design images

  Introduction  A recent judgment from the UK Patents Court serves as a helpful reminder that clarity and consistency of visual representations are essential, when filing for design registrations.In the case of Safestand Ltd v Weston Homes PLC & Ors [2023] EWHC 3250 (Pat), the court dealt with allegations of patent infringement and the validity of registered designs related to builders' trestles. The claimant, Safestand, argued that Weston Homes infringed three of its patents and three of its re-registered EU designs (“RRDs”, previously known as Community Registered Designs)....

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  25/04/2024

  Europe

  Cheers! New EU rules to strengthen GI protection for wine, spirit drinks and agri-food products come into force on 13 May 2024

  On 23 April 2024, a new EU regulation aimed at enhancing the protection of geographical indications (GIs) for wine, spirit drinks and agricultural products, and other quality schemes for agricultural products was published in the Official Journal. The new rules, that enter into force on 13 May 2024, provide for a streamlined registration procedure, a strengthened role of producer groups, and improved provisions on GI protection (both online and offline) and sustainability.Background on Geographical Indications (GIs) for wine, spirit drinks and agri-food productsGIs are intellectual property rights...

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  24/04/2024

  United Kingdom

  CMS Banking Disputes Report 2024

  Working with litigation analytics company, Solomonic, CMS has published its Banking Disputes Report 2024, a data-driven review of the Banking and Finance sector’s dispute-related activity to identify key trends, how banking disputes are being determined in 2024 and what might lie ahead.Key findings of the 2024 report:The Banking and Finance sector had the highest volume of new High Court claims filed in 2023. This trend has continued into Q1 2024. Our report looks at the types of claims being filed.2023 demonstrated the “long tail” of market events with claims still being filed...

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  24/04/2024

  United Kingdom

  Challenging conclusivity and “playing for time” under the JCT final account process

  A recent TCC decision has considered the final account conclusivity provisions of the JCT form and the circumstances in which an adjudication commenced to preserve a challenge to the final account can be re-commenced without triggering conclusivity and losing the right to challenge the final account. In this case, the adjudication was re-commenced four months after it had initially lapsed, but was found not to have triggered conclusivity. The court’s judgment raises the prospect of parties “playing for time” by commencing adjudications and allowing them to lapse, however drafting...

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