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NEWS
IP analysis: Artificial intelligence (AI) tools are increasingly being explored by patent offices worldwide as a means of improving efficiency, consistency, and search quality. For patent applicants and attorneys, understanding how these tools are used, and just as importantly how they are not used, is essential. This article considers the current position at the UK Intellectual Property Office (UKIPO) the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO). All three offices stress the continued importance of human judgment emphasising that patent examiners, and indeed applicants, must critically assess any outputs generated by AI-assisted tools. This review, by Anton Baker of D Young & Co, gives examples of current tools being developed and used by the offices.
NEWS
Local Government analysis: The Administrative Court upheld the Professional Standards Authority for Health and Social Care’s (‘PSA’) appeal against the General Pharmaceutical Council’s (‘GPhC’) Fitness to Practise (‘FTP’) Committee’s (‘Committee’) decision to stay proceedings on the basis that a fundamental mistake of fact had occurred enabling the GPhC to resile from their position to close the case against a registrant. This case reinforces and reconfirms the mantra all too well known to defence professional discipline lawyers that the healthcare regulator’s role in protecting public safety, maintaining the public interest and upholding professional standards prevails over the ‘sub-standard service, stress and disappointment’ caused to registrants (especially when alternative options were available to the Committee). In addition, this case provides a comprehensive analysis of the legal principles and relevant case law surrounding stays of proceedings, abuse of process, other grounds for a stay, legitimate expectation, and the power to correct an error. Written by Nicola Wheater, associate at HCR Law.
PRECEDENTS
WARNING These template replies to enquiries are intended only as a framework and starting point to assist the Seller in building their replies to enquiries. They are not a recommended, comprehensive or conclusive list and should not be used without careful consideration and bespoke amendment to suit the particular transaction. The replies given to enquiries before contract are representations made by the seller to the buyer and the buyer is entitled to rely on them in deciding whether or not to proceed with the transaction. It is imperative that they are correctly tailored to the specific matter and do not include any false or flippant statements. They should also not contain any generic statements, such as ‘Not to the Seller’s knowledge’, unless the Seller has made an effort to discover a more comprehensive answer to the enquiry. Such a response contains within it an implication that the Seller has itself made reasonable enquiries relation to the enquiry in question. You must stress to your client the
NEWS
Ireland—Banking & Financial Service analysis: This article, was written by A&L Goodbody’s Asset Management and Investment Funds Team. UCITS Eligible Assets, sustainability-related claims, sustainability risks and disclosures, UCITS Q&As, NBFI, sustainability reporting, taxonomy and financial services reporting, outsourcing, ESG, ESMA newsletter, AML/CFT.
PRACTICE NOTES
This Practice Note explores key elements of the UK regime for money market funds (MMFs) that is derived from Regulation (EU) 2017/1131 (EU MMF Regulation). It also considers proposed reforms to the regime, with the Financial Conduct Authority (FCA), HM Treasury and the Bank of England (BoE) collaborating to enhance its resilience and align it with post-Brexit regulatory goals. For information on the EU MMF Regulation, see Practice Note: EU MMF Regulation—essentials. What is an MMF? MMFs are investment funds that invest in short-term debt instruments and thereby play a key role in the short-term financing of the economy.  In particular, MMFs are open-ended, liquid investment funds that invest in fixed income in the form of short-term debt, for example money market instruments issued by banks, governments or companies (including treasury bills, commercial paper and certificates of deposit) which pay interest. They therefore represent an important link between demand for and offer of short-term debt. Further information on the eligible assets of a MMF is set out in Investment policies of MMFs below. MMF investors, including corporate treasury departments,
PRACTICE NOTES
What does this Practice Note cover? This Practice Note summarises the cure periods for each Event of Default set out in Section 5 of the ISDA Master Agreement in both bullet point format and in a table. Under an ISDA Master Agreement, if an Event of Default (as set out in Section 5(a) of the ISDA Master Agreement) occurs, often the Defaulting Party is given a period of time in which to 'cure' the default. This means that until that cure period has ended, the derivative transaction cannot be terminated early on the grounds of an Event of Default. The different Events of Default have differing cure periods which are set out below. In general, the cure periods are shorter under the 2002 ISDA Master Agreement. The reason for this is that the ISDA working group was concerned that in periods of market uncertainty, the cure periods under the 1992 ISDA Master Agreement were too long and would add to market uncertainty and stress. Each
PRACTICE NOTES
As a result of coronavirus (COVID-19) pandemic, investment funds have faced challenges both operationally and as a result of significantly increased volatility in global markets. The pandemic, in combination with high volatility and inherent valuation issues that it has triggered, has led to large market corrections and a deterioration of liquidity risks, which in turn has prompted stress in different parts of the financial system, including in some segments of the investment fund sector. These issues are summarised in a joint committee report on risks and vulnerabilities in the EU financial system, which was published by the European Securities and Markets Authority (ESMA) and the other European Supervisory Authorities (ESAs) in September 2020. The Financial Conduct Authority (FCA) has published guidance setting out its expectations regarding funds in light of coronavirus. While it acknowledges the significant challenges firms are facing in the current environment, it nevertheless expects them to continue to uphold the best interest of their investors at all times. ESMA and the Investment Association (IA) have also published guidance, and
PRACTICE NOTES
STOP PRESS: The Financial Choice Act, which was passed in US House of Representatives on June 2017 seeks in large part to undo many of the restrictive provisions of the Dodd-Frank Act, including the Volcker Rule. Following the passage of the Financial Choice Act, the US Treasury released a 150-page report (‘Treasury Report’) to President Donald J. Trump examining the United States’ financial regulatory system and detailing executive actions and regulatory changes that can be immediately undertaken to provide relief to firms. Below is a list of some of the ways in which to the Financial Choice Act would change the post Dodd-Frank Act regulatory structure: • providing relief for strongly capitalized, well managed financial institutions, including: ◦ providing an ‘off-ramp’ from the post-Dodd-Frank supervisory regime and Basel III capital and liquidity standards for banking organizations that choose to maintain high levels of capital ◦ permitting banking agencies to conduct stress tests (but not limit capital distributions) of a banking organization that has made a qualifying capital election • repealing
PRECEDENTS
WARNING These template replies to enquiries are intended only as a framework and starting point to assist the Seller in building their replies to enquiries. They are not a recommended, comprehensive or conclusive list and should not be used without careful consideration and bespoke amendment to suit the particular transaction. The replies given to enquiries before contract are representations made by the seller to the buyer and the buyer is entitled to rely on them in deciding whether or not to proceed with the transaction. It is imperative that they are correctly tailored to the specific matter and do not include any false or flippant statements. They should also not contain any generic statements, such as ‘Not to the Seller’s knowledge’, unless the Seller has made an effort to discover a more comprehensive answer to the enquiry. Such a response contains within it an implication that the Seller has itself made reasonable enquiries relation to the enquiry in question. You must stress to your client
PRACTICE NOTES
NOTE: On 1 October 2026, a newly formed Business and Property Division replaces the Chancery Division—see News Analysis: The new Business and Property Division of the High Court. This Practice Note contains references to, and information derived from, the Chancery Guide. It is understood that a Business and Property Division Guide is being drafted and it is assumed this will replace the Chancery Guide. Existing links to the Chancery Guide will remain in content until a replacement is released. This Practice Note provides guidance on making an application for a freezing injunction (also known as a Mareva injunction or freezing order). It discusses the procedure to be followed when making an application for any form of freezing injunction, whether it is a domestic freezing injunction, a worldwide freezing injunction (WFO) or a notification injunction. In this regard, it is important to stress that a freezing injunction is a type of interim injunction and therefore you should have an understanding of the basic procedure that applies to all interim injunctions, whether made on notice or without notice.
NEWS
This edition of the Sustainable finance and ESG round-up from the Finance Group includes: (1) guidance on Climate Transition Bonds; (2) a few developments regarding the EU Ratings Regulation (Regulation (EU) 2024/3005); and (3) the European Commission’s consultation draft delegated regulation revising the European Sustainability Reporting Standards.
NEWS
This week's edition of Life Sciences weekly highlights includes an MLex analysis of UK reforms to the regulation of AI-enabled medical devices, including forthcoming guidance on managing device changes and a planned consultation on classification, as well as news that the MHRA has published its Strategy 2030, setting out plans to modernise medicines and medical devices regulation, the European Commission has accepted legally binding commitments from Sanofi addressing concerns about possible anticompetitive disparagement of a competing flu vaccine. Also included is news that the European pharmaceutical industry has called for suspension of implementation of extended producer responsibility provisions under the revised Urban Wastewater Treatment Directive, the EMA has announced that the ACT EU clinical trial applications advice pilot will become permanent from January 2027, and published a concept paper revising its good pharmacogenomic practice guideline. Further news includes the Law Commission’s consultation on reforms to product liability law for digital technologies, including software and AI systems, and EU–China trade and investment consultations covering market access for medical devices, pharmaceuticals and cosmetics.