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MATHYS MATTERS

November 2024

Welcome to Mathys Matters - your monthly update from Mathys & Squire, covering all the recent intellectual property and sector news/updates throughout November! 


This month we’re shining a spotlight on the UPC finally publishing pleadings, a decision which has revealed ongoing problems with transparency of proceedings.


Our latest articles throughout November include: a summary of the changes in European law which have rescued ‘same applicant’ priority in CRISPR patents, commentary on UK universities ranking highly in European patent application rates, Mathys & Squire Partners being featured in an exclusive interview for Lawyer Monthly Magazine, the impact of counterfeit automotive components, the Supreme Court overturning a Court of Appeal ruling, and an article for International Men's Day focussing on mental wellbeing.


 Scroll down to read more!

SPOTLIGHT OF THE MONTH


 One year on, UPC finally publishes pleadings – revealing ongoing problems with transparency of proceedings  -

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Is the UPC still struggling with its duty of transparency? Documents obtained by Mathys & Squire after a lengthy procedure suggest that even when public access is granted, the Court’s approach to redacting supposedly confidential information leaves much to be desired.

Public access to pleadings and evidence filed with the UPC registry is written into the Unified Patent Court Agreement with Article 45 UPCA promising that proceedings “shall be open to the public unless the Court decides to make them confidential, to the extent necessary, in the interest of one of the parties or other affected persons, or in the general interest of justice or public order.”

In this article, Partners Nicholas Fox and Alexander Robinson highlight some examples together with inconsistencies in the Court’s rules and practice.


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OUR LATEST ARTICLES

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Change in European law rescues ‘same applicant’ priority in important CRISPR patents

1 November 2024


About a year ago, the Enlarged Board of Appeal significantly relaxed the EPO’s approach to ‘same applicant’ priority – now there is a strong, rebuttable presumption that the priority applicants approve of the subsequent applicants’ entitlement to priority. In this article, Partner James Wilding and Managing Associate Alex Elder look at the application of the new approach in an important family of CRISPR patents where an inventorship dispute arose.


Read the article here

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UK ranks highly in European university innovation study

8 November 2024 


A recent report by the European Patent Office has revealed that 10% of all inventions for which a European patent application has been filed are generated by university research conducted in Europe. The UK is a strong performer, with four universities in the top eight Europe-wide for patent applications filed by university-associated startups. In this article, Associate Lindsay Pike and Partners Andrew White and Alexander Robinson explore the significance and trends in the statistics.


Read the article here

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‘Fake Always Breaks’: The Impact of Counterfeit Automotive Components

13 November 2024 


The UK Intellectual Property Office has brought new attention to the dangers of counterfeit car parts with the launch of their latest campaign, ‘Fake Always Breaks’. Technical Assistant James Bradley explores the safety risks and financial implications of fake automotive parts, highlighting the role of intellectual property in counteracting their import and manufacture, and looking at how this latest campaign fits in with the UK government’s preventative strategy for the future.


Read the article here

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The UK Supreme Court hands down the long-awaited Skykick v Sky decision.

14 November 2024 


The Supreme Court has found that the Court of Appeal was wrong to reverse the decision reached by the High Court on bad faith but was correct in its decision on infringement. In this article, Trainee Trade Mark Attorney Tanya Rahman comments on this decision and the challenges brands will face in future if they seek an overly broad specification.


Read the article here

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Mathys & Squire Partners have been recognised in the 2025 edition of IAM Strategy 300 Global Leaders

27 November 2024 


Partners Anna Gregson, Dani Kramer, Sean Leach and Martin MacLean have been recognised in the 2025 edition of IAM Strategy 300 Global Leaders. The guide highlights some of the top experts within the field of intellectual property, celebrating those with exceptional expertise in IP strategy and innovation. Congratulations!


Read the article here

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Mathys & Squire Partners have been featured in an exclusive interview for Lawyer Monthly Magazine

12 November 2024


Partners Martin MacLean and Rebecca Tew have recently been featured in an exclusive interview for Lawyer Monthly Magazine sharing their expertise on their strategies for trade mark and patent management. Martin MacLean discusses managing patent portfolios in the biotech sectors such as protein therapeutics, antibodies and vaccines, while Rebecca Tew shares her expertise on contentious and non-contentious trade marks.



Read the article here

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International Men’s Day 2024

19 November 2024


The 19th of November is International Men's Day! It is a day to focus on all aspects of men's health, both physical and mental. To acknowledge the importance of this day, Associate Max Haughey has written an article highlighting the value of open conversations and reducing stigma by encouraging men to speak up. This article also explores how gardening can positively impact mental well-being.


Read the article here

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