News & Analysis as of August 4, 2025

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Delayed EU Code of Practice Provides Compliance Framework for General-Purpose AI Models

Perkins Coie on 7/23/2025

Key Takeaways - - The European Commission published its Code of Practice for General-Purpose AI (GPAI) Models on July 10, 2025, following three draft versions and just weeks before the first AI Act obligations take effect....more

EU Releases General-Purpose AI Code of Practice

Baker Botts L.L.P. on 7/14/2025

On July 10, 2025, the EU published its Code of Practice for General-Purpose AI Models, a comprehensive, though not exhaustive, framework designed to guide Artificial Intelligence ("AI") providers in complying with the...more

IP Hot Topic: European Commission Suddenly Withdraws Proposed SEP Regulation

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/13/2025

On February 11, 2025, the European Commission withdrew its longstanding, and much debated, proposal for standard essential patent (SEP) regulation. The withdrawal was met with mixed reactions, with SEP holders largely...more

2024 Design Patents Year in Review: Analysis & Trends

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/23/2025

As we predicted in our 2023 report, 2024 was a banner year for design rights in the U.S. and elsewhere. In last year’s report, we noted that the U.S. Court of Appeals for the Federal Circuit (CAFC) agreed to consider en banc...more

Dirty Data Damaging Deals – Data Issues in AI M&A

MoFo Tech on 1/3/2025

2024 saw strong interest in M&A involving companies that use or develop AI offerings. The rise of AI has brought new issues for dealmakers. In particular, 2024 also saw regulators focusing further on the collection and use of...more

Unified Patent Court: First Ruling on Equivalent Infringement

Jones Day on 12/18/2024

The doctrine of equivalents is a staple patent law principle, addressing the tension between providing fair protection to innovative ideas and ensuring legal certainty for third parties. However, like most patent laws, the...more

CJEU Clarifies Copyright Protection for Software Variables

Jones Day on 12/10/2024

The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more

CJEU Ruling: Greater Copyright Protection for Design Works

Jones Day on 12/6/2024

The Court of Justice of the European Union ("CJEU") recently ruled that design works must be protected by copyright in the EU regardless of their country of origin. This decision rejects the application of the reciprocity...more

First Significant EU Decision Concerning Data Mining and Dataset Creation to Train Artificial Intelligence

Orrick, Herrington & Sutcliffe LLP on 10/24/2024

A court in Hamburg, Germany, has decided a copyright infringement case in a way that sheds light on how European courts may apply the text and data mining (TDM) exemption to AI model developers. The exemption is contained in...more

EU’s 14th Sanctions Package: Compliance Obligations Expand and Exits Are Facilitated

Skadden, Arps, Slate, Meagher & Flom LLP on 7/26/2024

On 24 June 2024, the European Union (EU) adopted its 14th sanctions package directed against Russia, imposing an asset freeze against an additional 116 individuals and entities and expanding sectoral sanctions targeting key...more

UK Court of Appeal Diverges From EU Trademark Law

Jones Day on 4/9/2024

The UK Court of Appeal has for the first time chosen to diverge from a decision of the Court of Justice of the European Union ("CJEU"), making use of the powers given to it following the UK's exit from the European Union....more

UK Supreme Court Rejects Amazon's Trademark Infringement Appeal

Jones Day on 3/28/2024

In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark...more

2023 Design Patents Year in Review: Analysis & Trends: Global Design Law and Policy: Gains and Setbacks in Protecting Digital and...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/15/2024

The outlines of global design protection change regularly, with every year bringing significant updates in at least some major jurisdictions. In general the changes bend toward greater alignment and the emergence of...more

EU AI Act: How Far Will EU Copyright Principles Extend?

Morgan Lewis on 2/13/2024

The new EU AI Act contains provisions that reach beyond EU borders that could conflict with US copyright law, among others, when proprietary datasets are used for AI training. Therefore, US companies doing business in Europe...more

European Patent Office Makes Major Changes in Priority Entitlement

Cooley LLP on 10/30/2023

The Enlarged Board of Appeal of the European Patent Office (EPO) has issued a new dual decision – G1/22 and G2/22 – dealing with the assessment of priority rights at the EPO. The decision represents a significant break from...more

Some Much-Needed (Applicant-Friendly) Clarification on Priority Claims at the European Patent Office

Goodwin on 10/23/2023

On October 10, 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a consolidated decision in cases G1/22 and G2/22 clarifying a common issue regarding the validity of a priority claim made at the...more

What does the UPC mean for patent litigation?

A&O Shearman on 6/1/2023

When, finally, the UPC goes live on 1 June 2023, it will be a game changer for European patent litigation. The UPC will improve efficiencies for organisations who usually litigate in multiple European jurisdictions. With one...more

A U.S. View on the UPC – Part 1: The Basic Case Structure of an Infringement Action

Haug Partners LLP on 5/10/2023

On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles –...more

European Commission publishes proposal for an EU regulation on the Compulsory Licensing of Patents

A&O Shearman on 5/4/2023

On 27 April 2023, the European Commission (the Commission) published its Proposal for a Regulation of the European Parliament and of the Council on compulsory licensing for crisis management (the Proposed Compulsory Licensing...more

Can EU Operators of Online Marketplaces be Held Liable for Trademark Infringement?

Jones Day on 3/1/2023

In Short - The Situation: The Court of Justice of the European Union ("CJEU") recently ruled that operators of online marketplaces may be held directly liable for trademark infringement in a context where third-party...more

European Patent Holders Should Address Opt-Out Question Before Unified Patent Court Begins Operations

Womble Bond Dickinson on 11/30/2022

Should I stay or should I go? This is the question current owners of European patents and applicants for pending applications are asking as the European Patent with Unitary Effect (“Unitary Patent”) and Unified Patent Court...more

The Unified Patent Court is (Finally) Coming to Europe and Bringing Some Pretty Fundamental Changes with It

Goodwin on 4/20/2022

Seven years after the Member States of the EU signed the Agreement on a Unified Patent Court (“UPCA”), the Unitary Patent (“UP”) and the Unified Patent Court (“UPC”) are likely to commence during the second half of 2022. This...more

European Patent Office Updates Procedure for Issuing Grant Certificates

Fish & Richardson on 4/6/2022

As of 1 April 2022, the European Patent Office (EPO) has changed its policy regarding the issuance of electronic certificates of grant for European patents. If the patent proprietor or their representative has an activated...more

United States halts work with Russian Patent Office, while Russia lessens foreign intellectual property protections

Eversheds Sutherland (US) LLP on 3/21/2022

While the humanitarian crisis has received the most attention during the emerging situation in Ukraine, numerous other facets of the world economy, international relations, and daily life have also been affected. One...more

Benefits and Considerations for Patent Prosecution under Patent Prosecution Highway in the U.S., Europe, China, and Singapore

Sheppard Mullin Richter & Hampton LLP on 11/23/2021

Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. PPH allows the...more

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