Intellectual Property Update - All the Latest News

Introduction

This newly revised full day in-person course will consider recent case law, practice, legislation and likely forthcoming legislation and practice in several IP practice areas including copyright, registered trademarks, designs and passing off.

Emphasis will be placed on developments and announcements made during lockdown that might have passed ‘under the radar’.

The course is aimed at both solicitors and trademark attorneys and delegates should have a good general knowledge of intellectual property.

Please note that patent law and practice will not be discussed.

What You Will Learn

This in-person course will cover the following:

• The new and major UK Intellectual Property Office (‘IPO’) ‘One IPO Transformation’ programme. Details of how the IPO’s services will change and the present progress of the transformation
• IP enforcement - the latest on the UK Enforcement Framework under consideration - might there be important changes to the IPEC Small Claims Track? Is there a real likelihood of extensions of statutory damages in some or much of IP?
• Changes to the post-Brexit ‘exit’ day exhaustion of rights - the latest position
• AI and IP - Is there still a need for a human author, designer or person who makes the arrangements necessary for the creation of the work?
• Copyright exceptions and the formal technological protection measures (‘TPMs’) complaints process
• Hosting infringing material, including uploads to YouTube. Under what circumstances might the web host be liable? The latest CJEU case law
• The latest on growing political calls for statutory equitable remuneration and overriding reversion for authors and performers under certain circumstances
• Anonymity and IP including copyright and trademarks. To what extent might seeking to remain anonymous or quasi-anonymous affect an IP right or the ability to apply in the first instance? The 2020 and 2021 CJEU ‘Banksy’ decisions
• To what extent might UK courts follow or be influenced by post-exit-day CJEU IP case law?
• Changes to the address for service rules at the IPO
• The IPO’s trademark ‘pre-apply’ service - when might it be wise for even an experienced practitioner to consider using it?
• Assessing similarity between marks - the 2021 Chanel case
• Bad faith trademark registrations - is there now a possible a de facto parody defence? If so, when might it apply?
• Passing off in practice following the Rihanna, Glee, EasyRoommate and Skykick cases. Are these cases relevant to trademark issues?
• How design law and practice might be changed in the near to medium future. Might IPEC’s small claims track finally have a Registered Design jurisdiction?
• Supplementary Unregistered Design (‘SUD’) - what it is and the differences with Community Unregistered Design