Maucher Jenkins

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Alvin Lam

Maucher Jenkins

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2 Contributions by Maucher Jenkins Experts

Digital health IP protection: UK and EU practice for patents, designs, trade marks, copyright, database rights, trade secrets, open source, ownership, licensing and data protection across the product lifecycle
PRACTICE NOTES
Digital health IP protection: UK and EU practice for patents, designs, trade marks, copyright, database rights, trade secrets, open source, ownership, licensing and data protection across the product lifecycle
This Practice Note outlines the range of intellectual property (IP) protections available for a digital health product. It further explores ancillary IP issues, including safeguarding as a trade secret, incorporation of open-source software, possible ownership conflicts with staff and contractors, IP licences, and safeguarding patient information. The Practice Note additionally reviews IP planning throughout digital health product creation, from ideation and early research through advertising, marketing and sale, and on to later enhancements and upgrades. What is digital health? Digital health sits where healthcare IT meets medical devices, and encompasses the use of data to support diagnosis, treatment, prevention and monitoring of disease, as well as providing support to healthcare practitioners. Using digital health devices to track patients can widen access to healthcare services without markedly raising costs. Such devices can feed back to clinicians in real time, enabling swift
Life Sciences
UK intellectual property for medical devices: confidentiality, patents, designs, trade marks, SPCs and parallel imports across the product lifecycle post-Brexit
PRACTICE NOTES
UK intellectual property for medical devices: confidentiality, patents, designs, trade marks, SPCs and parallel imports across the product lifecycle post-Brexit
Changes to intellectual property (IP) law from 1 January 2021 Before considering how IP law applies to medical devices, it is worth noting the position as at 31 December 2020 (IP completion day). The key development concerns EU trade marks (EUTMs) and registered Community designs (RCDs). From 1 January 2021, proprietors of EUTMs and RCDs that were already registered and published automatically acquired equivalent, registered and enforceable UK rights (UK comparable rights). Entries on the EUIPO register were effectively cloned onto the UKIPO register. These UK comparable rights were created automatically and at no charge to the rights holder. They preserve the filing date and, where relevant, the priority date of the original EUTM or RCD. They are independent of the EU rights and can be assigned or licensed on a standalone basis. Renewal fees must be paid
Life Sciences
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