They also include some helpful takeaways for brand owners now that the UK clone registrations are over five years old and potentially vulnerable to cancellation and what to consider if your trade mark registration is on the receiving end of a cancellation action.

We break down the Court’s approach to novelty, confirming that designers don’t need to prove their designs are original – what matters is whether the design creates a different overall impression on the informed user. And this can be the case even where its various elements have appeared in previous designs. We also discuss why following fashion trends won’t give you a free pass for minor design similarities. 

Finally, we look at the bigger picture: the intersection of design and copyright law, and what the UK’s 2025 Designs Review could mean for the future of design rights in a post-Brexit landscape. 

Stop and get into the ever-evolving brandscape of intellectual property and advertising. In each Bristows – Cease and Discuss episode, our Brands, Designs and Copyright team will sit down and discuss an aspect of IP law and advertising, with some practical takeaways and catch ups on developments and changes.

In this first episode, Jeremy Blum and Toby Headdon discuss the outcome and potential consequences of the first case in the UK which addresses copyright, trade marks and AI -  Getty Images v Stability AI.

Note: All information was correct at the time of recording. 

You can read our full article on the same topic here. 

 This is a follow-up to Naoise's stop press article last week on the same topic. Click here to read it now. 

In this podcast Xisca Borrás and Ellie Handy discuss when software will qualify as a medical device, the regulatory obligations for devices and the challenges Femtech manufacturers may face in complying with them. They then cover the interaction between the EU MDR and AI Act, discussing how to navigate them.

In view of the European Commission’s proposal to simplify the rules applicable to medical devices, issued after the recording of this podcast, the impact of the AI Act on medical devices may change significantly in the future, so stay tuned for more updates about the changing landscape that applies to AI.

In this podcast, Sophie Rees, Anna Honey and Gabriela Necula outline the main early-stage funding options available to UK-based FemTech companies and highlights key legal considerations at each stage. 

After much speculation and the odd leak, we unpick the negative predictions that did not come to pass and share our top three tax ‘good news’ stories.

All information was correct at the time of recording.

Annex V of the EU AI Act requires, amongst other things, that a manufacturer provide the Notified Body making a conformity assessment with a statement that the high risk AI system that is being assessed and which forms part of the medical device, and which involves the processing of personal data (as many medical devices will), "complies with the GDPR". 

What exactly does a statement like that look like? And how are the Notified Bodies responsible for the conformity assessment going to evaluate the inevitable qualifications and caveats to any such statement that applicants are likely to make?

In this episode, they delve further into Marc’s territory – the principles based GDPR - and note an uncomfortable practical constraint hidden away in Annex V of the EU AI Act.

This issue wasn’t addressed in Team-NB’s Position Paper, but is likely to be a significant challenge.

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Their recently published Position Paper doesn't hold back, highlighting critical shortcomings in the implementation framework and emphasising the dwindling time left to address them. Team-NB is urgently calling for swift action to prevent widespread issues.

To unpack this crucial situation, our specialists Marc Dautlich and Alex Denoon offer their expert analysis of the Team-NB findings – and an additional key consideration – from the vantage points of data protection and product regulatory in the three part series.

Find all the episodes as we release them here, and don’t forget to subscribe!

Note: All information was correct at the time of recording. (15.04.25)

Find all the episodes as we release them here, and don’t forget to subscribe!

Note: All information was correct at the time of recording. (20.03.25)

Explore our more detailed analysis here

Note: All information was correct at the time of recording.

• Integrating generative AI into the life science ecosystem – five tips for success
• Revision of the EU pharmaceutical law regime – what does it mean for biotech companies?
• The first 12 months of the Unified Patent Court
• The application of G2/21 by the Court of Appeal
• Strategic considerations for partnering with CDMOs for cell and gene therapies
• Biotech settlement agreements – a competition law checklist

Note: All information was correct at the time of recording.

Note: All information was correct at the time of recording.

Note: All information was correct at the time of recording.

 The Statutory Disclosure Regime consultation closes on 16 October 2023. To learn more and submit a response, see the link here.

Note: All information was correct at the time of recording. 

 The Statutory Disclosure Regime consultation closes on 16 October 2023. To learn more and submit a response, see the link here.

Note: All information was correct at the time of recording. 

Note: All information was correct at the time of recording.

What potential data breach scenarios could data subjects face?  

As technology continues to expand, will regulations be able to keep up?

In this episode, they review:

• What is meant by VVA's? 
• Who are the main players in the market?
• What issues can arise in relation to data protection?
• What data breach concerns may there be? i.e Phishing attempts or potential for devices to be hacked
• What regulatory guidance is there on VVA's? 

Read the DP Top 10 here.

What is the type of damages that can be recovered for breaches of data protection law?

What challenges will all those involved face in these types of claims?

In this episode they’ll look at a few key examples:

• Phone hacking and the Gulati vs MGN decision
• TLT vs Home Office where claimants were awarded financial sums for distress
• The Supreme Court Lloyd vs Google case – Whether damages can be awarded purely for loss of control of personal data?  

Read the DP Top 10 here.

The parties deal in aesthetic and cosmetic products and the case is a cautionary tale for brands, to always check that suspect goods are, in fact, infringing their marks.

Abigail Wise discusses the background and conclusions of the infringement claim made by Fox, and the counterclaim and defence made by Teleta in respect of bad faith and unjustified threats.

How has Brexit impacted UK copyright law, database rights and trade marks? “The UK has sought to plug any gaps in trade mark protection arising as a result of our departure from the EU.”

What are the main changes to trade marks and what should brand owners be thinking about to make sure they are fully protected in the EU and the UK? Tune in to hear their recommendations.

They pay particular focus to the allegations of UK unregistered design right infringement and on passing off.

Coty alleged that two Amazon group companies were committing trade mark infringement.

Starting with common mistakes which may inadvertently lead to issues from a competition law perspective, Pat and Erik discuss some of the issues that frequently arise in the course of settlement negotiations and, drawing on their experience, how best to address these in a commercially acceptable and low risk manner.

This podcast is accompanied by an animation illustrating the topics covered which you can watch here on our Bristows Law Firm YouTube channel.

For more information on the work we do, see our commercial & IP transactions  and competition litigation practice area pages.

For more information on the work we do, see our patent litigation and competition litigation practice area pages.

Listen to our previous podcast: Restrictions of competition ‘by object’  – what does this mean and why does it matter?

For more information on the work we do, see our patent litigation and competition litigation practice area pages. 

In this episode, Pat considers the role played by, inter alia, no-challenge clauses in patent settlement agreements and, in anticipation of the Court of Justice decision in Lundbeck later this month, the circumstances in which they may give rise to competition law concerns.  

For more information on the work we do, see our patent litigation and competition litigation practice area pages.

During this podcast, Edwin explores the distinction between ‘by object’ and ‘by effect’ restrictions; the  diagram below helps illustrate a few examples of types of conduct that typically – although not always – fall into each box.

As shown in diagram below, the distinction between object and effect restrictions can be shown pictorially in the form of two boxes.  We’ve also included a few examples of types of conduct that typically – although not always – fall into each box.

Edwin discusses how these distinctions apply in the context of assessments of patent settlement agreements, and explains the relevance of this classification in light of recent case law of the CJEU.

For more information on the work we do, see our patent litigation and competition litigation practice area pages.

To help illustrate some of the complexities associated with the definition of the relevant market in a pharmaceutical setting, this podcast is illustrated by a simple animation which you can find on our Bristows Law Firm YouTube channel.

For more information on the work we do, see our patent litigation and competition litigation practice area pages.

In the second episode of our podcast series discussing patent settlement agreements and competition law, Pat Treacy and Olivia Henry consider the impact of the Court of Justice’s broad interpretation of what might constitute a value transfer. With an eye on the recent case law emerging from the Court of Justice and the Commission, they explore when and why different types of value transfers are likely to be of interest to the competition authorities.

For more information on the work we do, see our patent litigation and competition litigation practice area pages.

In this first episode, competition law expert Sophie Lawrance introduces the competition law treatment of patent settlement agreements and so-called pay-for-delay agreements. Sophie starts by laying the groundwork, beginning with the definition of patent settlements used in the European Commission’s 2009 Pharmaceutical Sector Enquiry Final Report, and coming up to date with the most recent case law. (As with the rest of this series, we will focus on the EU principles, which at this stage are equally applicable in the UK, post-Brexit.)

The series will continue throughout this week, with experts from our competition litigation, patent litigation and commercial & IP transactional teams sharing their insights on some of the most important aspects of patent settlement agreements, including value transfers, no-challenge clauses and practical implications for those drafting patent settlement agreements.

Watch the animated version of this episode, which include a useful example, here on our Bristows Law Firm YouTube channel.

• Louis Vuitton's checkerboard pattern - distinctive character in trade marks and burden of proof on third parties easyGroup's challenge to a Columbian airline EASYFLY
• Can a claim be served out of jurisdiction? Monster Energy's opposition to Robot Energy appli-cation for HYBRID - the analysis of bad faith 
• Planet Art's challenge to Photobox - weak distinctive character and trade mark infringement
• What brand owners should consider following Brexit

Design and copyright cases include:

• How the UK responded to the CJEU’s seminal decision in Cofemel which concerns what con-stitutes a copyright ‘work’ and whether a requirement of aesthetic appeal is permissible
• The CJEU’s decision in the Brompton Bike case, concerning whether copyright can protect shapes which are necessary to achieve a technical result
• A UK court decision which revisited unregistered design right protection of clothing (and in par-ticular, a pair of figure-hugging jeans)
• A Court of Appeal decision involving rights in commercially valuable sports data
• A CJEU decision involving performers’ and producers’ rights to compensation when their sound recordings are played in public in the EU
• The effects of Brexit regarding design rights, copyright and database rights

Tune in to listen to our data protection experts debate on the potential solutions to balance freedom of expression and enforcement against fake content; dos and don'ts of using facial recognition, and what are the rules to follow. 

Read our Data Protection Top 10 publication.

Listen to learn more on the HIPAA, CCPA, the Safe Data Act and the (exciting!) prospect of a US national law. 

We’ll also compare the American Children’s Online Privacy Protection Act (COPPA) to the European GDPR in protecting the data rights of younger users and consumers. Is there still a gap to be filled by the legislators?  

Read our Data Protection Top 10 publication.

• Consent is not the only ground available for GDPR – but what happens when patients or research subjects withdraw their consent? 
• Can genomic data be anonymised to pseudonymised at all to remove it from the scope of GDPR? 
• How do we balance the privacy of a population against its health? 
• Has the pandemic had an impact on the level of enforcement by the data protection authorities? 

Read our Data Protection Top 10 publication.

• Representative actions like the Atkinson v Equifax dispute 
• The Group Litigation Orders granted in the cases against BA and Morrison’s 
• The Supreme Court Lloyd v Google case - and its implications for data controllers 

Read the DP Top 10 here.

 Jamie Drucker, Rob Powell, and Mike Edgar will go to the earth of a few important points:

• The ICO investigation in the Adtech industry - will we see enforcement after the end of the pandemic? 
• The challenges in complying to the #webcookies rules: how do you effectively get granular consent? Can you bundle your request, can you re-tick the boxes? 
• Covid’s mixed effects on the industry: its strain on revenues for some channel owners and the opportunities arising from brands doubling down on digital ads 

Read our Data Protection Top 10 publication.