This week on MIP: UPC transparency blow, Spruson & Ferguson loses managing director

February 16 2024

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We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP

Exclusive: Spruson & Ferguson loses Asia managing director

Kristian Robinson, managing director of Spruson & Ferguson’s Asia practice, has resigned from his position, he confirmed to Managing IP on Wednesday, February 14.

Robinson, who works from the firm’s regional headquarters in Singapore, will depart during the financial year 2025, which runs from July 1 2024 to June 31 2025.

A formal departure date has yet to be finalised.

To read the full article click here.

UPC Court of Appeal issues fresh transparency blow

The Court of Appeal of the Unified Patent Court has ruled that members of the public cannot request access to court documents without first appointing a professional representative, in a decision likely to inflame ongoing transparency debates.

In a judgment handed down on Thursday, February 8, the court said it interpreted the Rules of Procedure as clarifying that the requirement for a “party” to be represented also extends to members of the public when applying for access to documents.

To read the full article click here.

Fish & Richardson launches life sciences industry team

US intellectual property firm Fish & Richardson has launched a life sciences industry team, Managing IP revealed on February 12.

The firm appointed litigator Martina Hufnal and patent prosecutor Todd Garcia – both of whom were already at the firm – to chair the team. The group will represent pharma, medical device, medtech, and biotech businesses, in addition to academic and research institutions.

To read the full article click here.

Elsewhere in IP

Man City fightback

The owners of UK football club Manchester City have this week asked the England and Wales High Court to dismiss a trademark infringement claim filed by fashion brand Superdry.

In December, Superdry claimed the club’s training kits, which use the words "Super 'Dry' Asahi 0.0%", infringed its trademark.

Advantage OpenAI

The US District Court for the Northern District of California has dismissed some of the claims in a copyright infringement filed by a group of authors against OpenAI.

The plaintiffs, including comedian Sarah Silverman, had accused OpenAI of illegally scraping their work without consent to train its large language models.

But in an order published on Monday, February 12, Judge Araceli Martínez-Olguí found that the plaintiffs had failed to explain what OpenAI’s outputs entailed or that any particular output was substantially similar to their works.

A claim of unfair business practices will proceed.

COVID impasse

The World Trade Organization (WTO) has failed to reach an agreement to waive intellectual property rights on COVID-19 tests and treatments for poorer countries.

Members of the TRIPS council said on Tuesday, February 13 that it had failed to reach a consensus despite the “considerable efforts” of members.

Avanci advancement

General Motors is the latest company to join the Avanci 5G vehicle programme, Avanci announced on Tuesday, February 13.

Under the agreement, 5G-connected vehicles from General Motors brands will be licensed to use the 5G, 4G, 3G, and 2G standard-essential patents belonging to participating programme members.

Launched in August 2023, Avanci's programme covers more than a dozen auto brands and has over 60 licensors.

Fake medicines seizures

Europol, in collaboration with the EUIPO, the European Anti-Fraud Office, and others has targeted the sale of counterfeit medicine under a programme called Operation Shield.

During the seven-month operation, 1,284 individuals were charged. There were also seizures of fake and illicit medicine worth more than €64 million ($69 million).

That's it for today, see you again next week.