Search results

Thaler v Comptroller [2023] UKSC 49: the UKSC rules that AI cannot be an 'inventor'

Published on 10 Jan 2024. By Matthew Jones, Partner

To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the UKIPO. It also reflects similar findings from most of courts around the world where the claimant, Dr Thaler, brought similar actions.

Generative AI and intellectual property rights—the UK government's position

Published on 03 May 2023. By Helen Armstrong, Partner and Jani Ihalainen, Associate and Joshy Thomas, Knowledge Lawyer

The IPO is to produce a code of practice by the summer that will provide guidance to support AI firms in accessing copyright protected works as an input to their models.

'Nosecco' is a no-no, says the High Court

Published on 01 Jul 2020. By Ciara Cullen, Partner and Sarah Mountain, Partner

In recent years, health and wellbeing has been big business in the UK. The COVID-19 outbreak has only further stoked the desire to obtain and maintain healthy minds and bodies and the trend looks set to continue, across the retail sector.

Parliamentary 'wash up' – which Bills made it through?

Published on 31 May 2024. By Paul Joukador, Partner and Praveeta Thayalan, Knowledge Lawyer and Shahil Goodka, Trainee Solicitor

On 22 May 2024, Prime Minister Rishi Sunak announced that a General Election will take place on 4 July 2024. Parliament was then prorogued on 24 May 2024 which allowed a mere 2 days for 'wash up' - the process by which outstanding bills may be rushed through the parliamentary process.

FCA consults on new reporting obligations for (i) incidents and (ii) third party arrangements

Published on 16 Jan 2025. By Mark Crichard, Partner and Nigel Wilson, Of Counsel and Praveeta Thayalan, Knowledge Lawyer

On 13 December 2024, the FCA published consultation paper CP24/28 (the CP) on proposals for firms to report on operational incidents and, separately, on material third party arrangements. The CP mirrors similar proposals put forward by the PRA and Bank of England on the same day and is designed to align with current international standards (e.g. the EU Regulation on digital operational resilience (DORA)).

How will the "Genny lec" impact the world of cyber and tech?

Published on 24 Jun 2024. By Rachel Ford, Partner

On 22 May 2024, Prime Minister Rishi Sunak stood in the pouring rain to announce a General Election, thus commencing a summer of political and meteorological uncertainty for those in the UK.

The November 2023 AI safety summit and the UK's direction of travel

Published on 29 Aug 2023. By Helen Armstrong, Partner and Charles Buckworth, Partner and Joshy Thomas, Knowledge Lawyer

The government has confirmed that the UK AI safety summit will be held at Bletchley Park on 1 and 2 November 2023.

Telecoms supply agreement excludes "loss of profit" claim under "anticipated profits" liability exclusion (EE v Virgin Mobile)

Published on 25 Aug 2023. By Helen Armstrong, Partner and Joshy Thomas, Knowledge Lawyer

In line with a number of recent cases, in EE Limited v Virgin Mobile Telecoms Limited [2023] EWHC 1989 (TCC) the courts have shown that parties generally cannot avoid clear wording contained in exclusion clauses in order to recover losses that have been expressly excluded (in this case, loss of profits).

Rolls-Royce entitled to hit the brakes in dispute over termination of a software services agreement (Topalsson v Rolls-Royce)

Published on 14 Aug 2023. By Helen Armstrong, Partner and Joshy Thomas, Knowledge Lawyer

In Topalsson GmbH v Rolls-Royce Motor Cars Limited [2023] EWHC 1765 (TCC), the High Court has provided useful guidance on how to determine whether a software implementation timeline agreed by the parties is binding, when implementation is considered complete and in what circumstances failing to complete implementation by the contractual deadlines entitles the customer to terminate the contract.

A narrow escape – software services provider entitled to rely on single aggregate liability cap (Drax v Wipro)

Published on 25 Jul 2023. By Helen Armstrong, Partner and Joshy Thomas, Knowledge Lawyer

When it comes to bespoke software development projects, a lot can go wrong. There's risk for the customer such as project delays, software defects, functionality issues and a lack of meeting of minds in terms of project requirements.

New developments in AI may put law firms at greater risk of phishing fraud

Published on 28 Apr 2023. By Will Sefton, Partner and Head of the Lawyers Liability and Regulatory Group

As the computing power of Artificial Intelligence continues to grow exponentially, we consider how generative technology may expand the reach of traditional phishing frauds aimed at law firms.

The EU Compliance headache you don't know you have? A priority primer on the European Accessibility Act

Published on 31 Oct 2024. By Oliver Bray, Senior Partner and Hettie Homewood , Senior Associate

It is now less than a year until the EU Accessibility Act (EAA) comes into force, which will require businesses to ensure a range of products (eg smartphones and computers) and services (eg e-commerce services, consumer banking services, and ebooks) are accessible for persons with disabilities.

Seeing the wood for the trees: preparing for new deforestation due diligence rules in the UK and EU

Published on 24 Oct 2024. By Sophie Tuson, Senior Associate, Environment and Climate Change Practice Lead

Going Green – staying on the right side of competition law

Published on 15 May 2023. By Melanie Musgrave, Of Counsel

Environmental issues are high on the agenda for many consumers and businesses alike. They are also increasingly an area of focus for competition authorities around the world, including the Competition and Markets Authority (CMA), who are keen to ensure that competition law concerns do not unnecessarily prevent businesses from collaborating legitimately on environmental sustainability initiatives.

The Times recognises RPC among Best Law Firms 2024

Published on 30 Oct 2023.

International law firm, RPC, has been recognised by The Times in its Best Law Firms 2024 report, an annual ranking of the top 250 law firms in England and Wales.

Architects' Code reforms – it's important that you have your say!

Published on 08 Oct 2024. By Alexandra Anderson, Partner and Emma Wherry, Senior Associate

The Architects Registration Board (ARB) is consulting on a proposed new code of professional conduct for architects. The proposed new Code is shorter and simpler, but may be more complex to apply and more onerous. Architects should consider responding to the consultation by the deadline of 12 December 2024.

The Week That Was - 20 September 2024

Published on 20 Sep 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 13 September 2024

Published on 13 Sep 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 6 September 2024

Published on 06 Sep 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 30 August 2024

Published on 30 Aug 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

RICS disciplinary process: an overview for surveyors

Published on 27 Aug 2024. By Ben Goodier, Partner and Emma Wherry, Senior Associate and Sarah O'Callaghan, Senior Associate and Laura Sponti, Associate

Download our complete guide to the procedure involved in a disciplinary investigation against a chartered surveyor.

The Week That Was - 23 August 2024

Published on 23 Aug 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

The Week That Was - 16 August 2024

Published on 16 Aug 2024. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Cecilia Everett, Partner and Sarah O'Callaghan, Senior Associate

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

Construction and Engineering Law 2024

Published on 15 Aug 2024. By Tom Green, Partner and Arash Rajai, Partner and Alan Stone, Partner and Jonathan Carrington, Senior Associate

We are delighted to have contributed once again to ICLG's Construction and Engineering Law guide for 2024. The comprehensive guide delves into the multifaceted world of construction and engineering law, providing an essential reference for understanding and comparing the handling of common legal challenges across various jurisdictions.

Construction disciplinary trends analysis #3: fraud and dishonesty

Published on 12 Aug 2024. By Ben Goodier, Partner and Emma Wherry, Senior Associate and Aimee Talbot, Knowledge Lawyer

This article is the third instalment in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.

Construction disciplinary trends analysis #2: engagement letters – worth more than the paper they're written on!

Published on 21 Feb 2024. By Ben Goodier, Partner and Emma Wherry, Senior Associate and Aimee Talbot, Knowledge Lawyer

This article is the second in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.

Construction disciplinary trends analysis #1: continuing professional development

Published on 16 Oct 2023. By Ben Goodier, Partner and Emma Wherry, Senior Associate and Aimee Talbot, Knowledge Lawyer

This article is the first in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.

The summer of discontent?

Published on 31 Jul 2020. By Kelly Thomson, Partner, ESG Strategy Lead and Ben Roberts, Partner

What comes to mind when you hear the word "summer"? The unbridled joy of no more school for 6 whole weeks? Buckets, spades and wind-swept beaches? Perhaps the call of a sun-soaked tropical island? For most, summer means taking some time out to recharge and switch off.

Tax Bites – September 2024

Published on 03 Sep 2024. By Adam Craggs, Partner

Welcome to the latest edition of RPC's Tax Bites – providing monthly bite-sized updates from the tax world.

HNWs: Understanding HMRC's Offshore Information Gathering Capabilities

Published on 24 Jul 2024. By Michelle Sloane, Partner and Liam McKay, Senior Associate

Wealthy individuals have long been the focus of a substantial part of HMRC’s compliance activities, but a difficult economic climate together with a looming general election and possible change of government is likely to lead to even greater scrutiny of HNWs by HMRC in the short term.

A whistlestop tour of the taxation of international sports and rock stars with Patrick Way KC

Published on 21 Feb 2024.

In this episode, RPC's Taxing Matters Host and Senior Associate in RPC's Tax Disputes team, Alexis Armitage, will be discussing the taxation of international sports and rock stars with leading silk, Patrick Way KC.

A day in the life of a tax adviser with Jeremy Johnson

Published on 28 Nov 2023.

In this episode of Taxing Matters, we are joined by Jeremy Johnson, managing director of inTAX Limited.

Aesthetic appeal and craftsmanship are not enough: WaterRower fails to secure copyright protection as a UK work of artistic craftsmanship

Published on 13 Dec 2024. By Ciara Cullen, Partner and Emma Dunnill, Senior Associate and Joshy Thomas, Knowledge Lawyer

The term "artistic craftsmanship" has no statutory definition under UK copyright law – a position that has only been made more challenging by a conflict between EU and UK case law in this area. In this hotly anticipated judgment, the Intellectual Property Enterprise Court (IPEC) sought to determine what it means to be a work of artistic craftsmanship in the context of s 4(1)(c) of the Copyright Designs and Patents Act 1988 (CDPA).

McDonald's BIG MAC trade mark – General Court gives decision on evidence of genuine use

Published on 30 Jul 2024. By Ciara Cullen, Partner and Emma Dunnill, Senior Associate and Harpreet Kaur, Associate

In a decision that, practically, provides for only a tiny loss of protection for the behemoth brand and trade mark, on 5 June 2024 the European General Court (General Court) partially revoked McDonald's BIG MAC trade mark (the EUTM) in the EU (Supermac's (Holdings) Ltd v EUIPO (Case T 58/23)).

Supreme Court dismisses Amazon's appeal in landmark decision on consumer targeting

Published on 29 Apr 2024. By Sarah Mountain, Partner and Emma Dunnill, Senior Associate

In a unanimous decision, the Supreme Court has dismissed Amazon's appeal against a Court of Appeal (CoA) decision, which found that the sale of branded goods on Amazon's US site, amazon.com, infringed UK and EU trade marks by virtue of the fact that UK consumers had been targeted.

Benchmarkalikes – Aldi's Taurus cloudy cider lemon leaves Thatchers Cider with a headache

Published on 29 Apr 2024. By Emma Dunnill, Senior Associate and Joshy Thomas, Knowledge Lawyer

In a recently dismissed claim for trade mark infringement and passing off brought by Thatchers Cider we see so called lookalike or "copycat" products continue to provide a major headache for brands. It's the latest in a line of cases showing that the answer to issues arising from supermarkets' "inspired" alternatives, increasingly is rarely found in trade mark or passing off rights.

The status of parallel trade in the European Union and the UK

Published on 12 Apr 2024. By Jani Ihalainen, Associate

The following article is a collaboration between Jani Ihalainen of RPC and PDGB (Virginie Coursière-Pluntz and Benjamin Jacob), RPC's partner firm in France through its TerraLex network.

Ginfringement: Success for M&S in the Court of Appeal in registered design spat with Aldi

Published on 15 Mar 2024. By Rory Graham, Associate and Georgia Davis, Of Counsel

M&S and Aldi's gin bottle battle over design rights has reached a conclusion (for now) as the Court of Appeal has unanimously upheld the IPEC's decision that Aldi's bottle infringed M&S' design.

Clear as gin: M&S and Aldi take liquor bottle battle to the Court of Appeal

Published on 26 Jan 2024. By Rory Graham, Associate and Georgia Davis, Of Counsel

Intellectual property enthusiasts' favourite supermarket adversaries were back at loggerheads this week as M&S and Aldi appear before the Court of Appeal. The pair sought to thrash out a first instance decision handed down in the Intellectual Property Enterprise Court (IPEC) regarding alleged infringement of M&S' registered design rights in a gin bottle.

M&S v Aldi – lookalike claims lit up by design rights

Published on 24 Mar 2023. By Ciara Cullen, Partner and Harpreet Kaur, Associate and Jack McAlone, Associate

As lookalike products rise in prominence, the Intellectual Property Enterprise Court's (IPEC) recent ruling that the sale and advertisement of Aldi's 'Infusionist' range of favoured gins infringed M&S's UK registered designs protecting the light-up bottles containing its 'Snow Globe' gin range (Marks and Spencer PLC v Aldi Stores Limited [2023] EWHC 178) highlights the utility of registered design rights in circumstances where other intellectual property rights (IPR) are often less able to provide protection.

Lookalikes and passing off—bottle design get-up claim (Au Vodka)

Published on 07 Nov 2022. By Ciara Cullen, Partner and Sarah Mountain, Partner and Samuel Coppard, Senior Associate

Currently there's significant activity in the lookalikes space. The Au Vodka claim (Au Vodka v NE10 Vodka [2022] EWHC 2371), which focuses on bottle design 'get-up', arrived in the courts for an interim injunction hearing in September 2022. Au Vodka's application was dismissed. The judgment shows that passing off—get-up claims based on shape can be challenging to bring, particularly at the interim stage, and prompts the question of whether it's possible to bring Cofemel and copyright into the lookalikes arena.

Gin-uine use? The UKIPO concludes yes, despite limited evidence and variances between the trade mark as registered and as used

Published on 29 Mar 2022. By Ciara Cullen, Partner and Sarah Mountain, Partner

The UK Intellectual Property Office (UKIPO) has rejected an application by Inver House Distillers for the revocation of a competitor's trade mark. The mark in question is owned by Destileras M.G., S.L and Importaciones y Exportaciones Varma, S.A (the Proprietors) and consists of a 2D image of a distinctively shaped bottle, featuring the 'Master's logo' and a lion device (the Master's Mark). The decision was reached on the basis that the Proprietors had successfully demonstrated genuine use of their mark, in the UK.

Game over for hyperlinking sites, following Nintendo's recent blocking order success

Published on 08 Feb 2022. By Joshua Charalambous, Partner and Abigail Gim, Trainee Solicitor

In a helpful and clear judgment from the IPEC, Nintendo has succeeded in obtaining a broad website blocking order, which includes websites that merely redirect, or link to, third party piracy websites. The decision represents an important win for Nintendo in its continuing efforts to curtail the spread of online piracy in the UK.

McDonald's battles to protect its 'Mc'-family

Published on 06 Jan 2022. By Ben Mark, Partner and Sarah Mountain, Partner and Ellie Chakarto, Senior Associate

McDonald's has successfully defended its 'Mc' branding, following an application by Children's Cancer Aid Limited (CCA) to register 'MCVEGAN' as a trade mark (the Application).

Counterfeiters beware: It all ends in tiers…

Published on 01 Dec 2021. By Sarah Mountain, Partner and Ellie Chakarto, Senior Associate

The UK Intellectual Property Office (IPO) recently published the 2020 – 2021 IP Crime and Enforcement Report (the Report). The Report highlights the current and emerging threats surrounding counterfeiting and is a collaboration between the IPO and the IP Crime Group (which is made up of enforcement agencies and industry representatives). The Report details the work carried out by these organisations, to prevent IP crime.

Clutching at draws - whose moral rights are they anyway?

Published on 23 Nov 2021. By Ben Mark, Partner and Louise Morgan, Senior Associate

In what amounts to a really bad day at the office for architecture practice, Richard Reid Associates (RRA), the High Court recently refused its applications to: (1) add additional defendants to ongoing proceedings; and (2) amend its pleadings to include additional moral rights infringement and breach of contract claims. To make matters even worse, the original defendant, property developer LME, also succeeded in striking out parts of RRA's original claim. We look at the procedural lessons that can be learnt from the judgment below.

Eurovision contestant and Rudimental come out on pop in copyright dispute

Published on 19 Aug 2021. By Jessica Pease, Associate

The High Court has rejected a claim brought by one half of a duo who appeared on the Voice UK – the claim was brought against Eurovision 2021 contestant James Newman and members of Rudimental for allegedly infringing the copyright in one of her songs.

Sky Kick Back! High Court finding of bad faith overturned by Court of Appeal in long-running Sky v Skykick saga

Published on 09 Aug 2021. By Ben Mark, Partner and Sarah Mountain, Partner

On 26 July 2021, the Court of Appeal (CoA) handed down its much-anticipated decision in the latest instalment of the Sky v Skykick trade mark dispute.

Non-fungible tokens (NFTs): are they a way for celebrities to 'reclaim' their image? And what happens to the IP?

Published on 06 Aug 2021. By Ciara Cullen, Partner

Non fungible tokens, unique blockchain-backed certificates of authentication, can monetise digital assets, or in some instances help to 'reclaim' one's image – but it's not one NFT- fits-all for IP rights.