United Kingdom: Patent

Sustainability is no longer a niche concern within the cosmetics and skincare sector. Increasingly, brands are being challenged by consumers, retailers and regulators to reduce waste and demonstrate meaningful environmental credentials.

The Supreme Court has confirmed that English courts can determine whether licensing terms offered by patent pools for standard essential patents (SEPs) are fair, reasonable and non-discriminatory (FRAND), even when the pool operator made no FRAND commitment and owns no SEPs. This landmark decision in Tesla v InterDigital opens the door to judicial scrutiny of patent pool rates and raises important questions about how SEP owners and implementers navigate collective licensing arrangements.

Chemistry start-ups face critical decisions when building patent portfolios that can determine their commercial success. From timing patent applications before public disclosures...