Welcome to Mathys Matters - your monthly update from Mathys & Squire, covering all the recent intellectual property and sector news/updates throughout August!
This month we’re shining a spotlight on whether written proceedings before the UPC are truly public.
Our latest articles throughout August include: a summary of how the new government minister for AI should make it easier to patent this type of technology, commentary on how Twitter's trademark protection strategy looks a year after its rebrand to X, commentary on how Mathys & Squire played a vital role in challenging the Unitary Patent Court's approach to transparency, and how intellectual property protection has helped Taylor Swift's career continue to grow.
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SPOTLIGHT OF THE MONTH
- Are written proceedings before the UPC truly public? A tale of three access requests-
The fates of three requests for access to pleadings and evidence filed with the Unified Patent Court (UPC) demonstrate how the judges of the UPC are still struggling with the court’s commitment to transparency and open justice.
Rule 262.1(b) of the UPC Rules of Procedure provides that: “written pleadings and evidence, lodged at the Court and recorded in the Registry, shall be available to the public upon reasoned request.” Although this would appear to demonstrate a strong commitment to transparent public justice, the speed with which access requests are being processed raises questions as to whether pleadings and evidence will ever be made available to the public in advance of a final decision on a matter.
In this article, Partners Nicholas Fox and Alexander Robinson use three access request case studies to discuss the process of accessing pleadings and evidence filed with the UPC, and how public the pleadings and evidence are. Through these case studies, the authors examine the UPC's approach to transparency and highlight areas of inconsistency.
New Government Minister for AI should make it easier to patent AI technology
9 August 2024
One of the first tasks of the new UK Minister for AI, Feryal Clark MP, should be to make it easier for companies to patent AI models in the UK says Partner Andrew White. In this article, Andrew White comments on new patent laws surrounding AI and how the overhaul will help to build up UK’s reputation as centre for AI R&D and help secure funding for AI start-ups.
Mathys & Squire Managing Associate Harry Rowe was featured in the article by WTR
16 August 2024
Managing Associate Harry Rowe was recently featured in the article ‘Claiming X: Lessons from the Controversial Rebrand that Cost Twitter $3.2 Billion in Brand Value,’ published by World Trademark Review (WTR). In this article, Harry Rowe discusses how businesses such as X may have been affected by the EUIPO's stricter approach regarding the level of distinctiveness required for a trademark to be registrable.
Mathys & Squire Partner Nicholas Fox was featured in an article by Solicitors Journal
29 August 2024
Mathys & Squire Partner Nicholas Fox has been prominently featured in a recent article by the Solicitors Journal, which discusses the Unified Patent Court’s (UPC) decision to grant the firm access to crucial evidence in a patent dispute between Astellas and Healios. The article highlights Mathys & Squire’s significant role in challenging the court’s approach to transparency, as the firm sought access to documents that were initially restricted by the UPC.
Intellectual Property and Trade Marks (Taylor’s Version)
30 August 2024
The European leg of ‘TAYLOR SWIFT THE ERAS TOUR’ has concluded, leaving fans 'Enchanted' as Taylor Swift continues her 152-date global tour, breaking records along the way. The singer-songwriter's intellectual property strategy has been pivotal in solidifying her brand recognition and ensuring legal protection. Partner Rebecca Tew and Trainee Trade Mark Attorney, Tanya Rahman discuss how intellectual property protection has helped Taylor Swift's career continue to grow.
