UK/EU comparison guides for IP

The IP practice area contains Practice Notes which provide a high-level summary of key themes of comparison between the UK and EU in relation to IP law:

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Latest IP News

Copyright through the lens of AI generated photos (Getty Images v Stability AI)

IP analysis: This analysis provides an outline of the key copyright implications of the first English judgment on generative AI. The judgment has been eagerly awaited by the creative and technology industries, as well as the government which, so far, has been unsuccessful in resolving the tension arising from the use of copyright works by AI developers. While the decision did not deliver a decisive victory to either party, it has revived the discussion around secondary copyright infringement in the digital age. The judgment ends (as an appeal seems unlikely) a three-year legal battle between Getty Images (Getty) and Stability AI (Stability) in the UK. Getty’s case against Stability continues in the USA, alongside other high profile cases against generative AI developers, and will be looked at to offer judicial thinking on primary infringement albeit in a different jurisdiction. Written by Anna Skurczynska, partner at Open Plan Law.

UPC flexes long-arm jurisdiction again by granting permanent injunction covering non-UPC and non-EU states

EU Law analysis: Dr. Robyn Trigg and Benjamin Thomas of Osborne Clarke consider the Unified Patent Court’s (UPC) latest demonstration of its expanding jurisdictional reach, as it grants a permanent injunction extending beyond UPC-contracting member states to cover non-UPC EU countries and even non-EU territories. In HL Display v Black Sheep Retail Products, the Hague Local Division assumed jurisdiction over a European patent validated in UPC states (eg Netherlands, France, Germany), non-UPC EU states (eg Ireland, Poland), and non-UPC non-EU states (eg UK, Liechtenstein), finding both validity and infringement while issuing relief across all jurisdictions in which the patent is in force. This decision highlights the UPC’s growing appeal as a forum for cross-border patent enforcement and marks an important shift in how global patent holders may approach European IP litigation.

Court of Appeal clarifies the approach to confidentiality and corrections in FRAND litigation (InterDigital Inc and other companies v Optis Cellular Technology LLC and others)

Information Law analysis: This Court of Appeal decision clarifies the approach of UK courts to confidentiality in patent litigation, in particular FRAND cases. Significantly, this judgment recognises the rights of affected non‑parties (eg third party licensees) to be heard by courts on issues of confidentiality. The court clarified the broad scope of confidential information which may qualify for redaction and made clear that licence age or expiry does not automatically negate its commercial value and need for protection. Such information should be eligible for protection, provided that the balancing test can show likely commercial harm resulting from disclosure. A further clarification made by the court was the correct approach for determining the scope of redactions: a single legal test involving a fact‑sensitive balancing exercise between open justice and the risk of real commercial harm. The judgment also addressed corrections of factual errors post‑judgment, confirming that ‘slip‑rule’-based correction requests may be granted in the absence of unanimous party agreement and where the changes involve targeted deletion or substitutions which does not require rewriting of the judgment’s substantive conclusions. Written by Marija Nonkovic, associate at Kemp IT Law LLP.

EUIPO launches AI-powered trade mark screening tool

Law360, London: The EU Intellectual Property Office (EUIPO) said 3 November 2025 it has launched an AI-powered tool for applicants to check if their trade marks might get rejected at an early stage, in an application to make the filing journey simpler as part of a five-year strategy plan.