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The Technology Platform

Read our latest updates and insights in the world of Technology

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Patent Litigation in Europe: The interplay between the Unified Patent Court and the UK Courts

The Unified Patent Court (UPC) will be in operation from 1 June 2023, opening up the possibility of (almost) EU-wide patent enforcement in a single set of proceedings (we say "almost" because, at least at the outset, Spain, Poland and Croatia will not be participating and some Member States are yet to ratify the UPC Agreement). Further information on the UPC system can be found at the Mishcon UPC hub here.

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AI and the creative industries: is our creative future at risk?

Intellectual property frameworks seek to strike a balance between protecting authors' rights and allowing them to exploit their works, whilst at the same time encouraging innovation and new developments. This often precarious balancing act is under the spotlight, due to issues ranging from fast-paced technological developments (notably, the rise of AI, the metaverse, 3D design modelling and changes in content distribution), through to international relations and the aftermath of Brexit.

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ICO publishes new "top tips" for games designers

The Information Commissioner's Office (the ICO, UK regulator for data protection laws) has published important guidance for games designers and developers to help them comply with the ICO's own Age Appropriate Design Code (often referred to as the "Children's Code").

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Success for Hermès in trade mark infringement action over artist's MetaBirkins NFTs

In the hotly anticipated decision on the application of trade mark law in relation to NFTs, a US jury concluded that the creator of Metabirkins is liable for trade mark infringement and dilution, and cybersquatting for the MetaBirkins NFTs, and is also not protected by the First Amendment free speech protections that encompasses freedom of artistic expression.

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