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Intellectual Property

Author: Gowling WLG

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Gowling WLG's intellectual property (IP) experts discuss the latest developments.

NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.
34 Episodes
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We're surrounded by advertising in our daily lives, whether it be through traditional mediums like TV or radio or digital advertising in online media. All UK advertising needs to comply with advertising laws, codes and regulations. Advertising claims that are untrue or misleading, or that breaches the advertising rules, can risk damaging a brand's reputation and the valuable trust consumers have in a brand. To avoid mistakes and the issues that may arise in advertising law, Kate Hawkins provides you with recommendations and points to consider when making advertising claims in this latest episode of our IP Basics podcast series. You can find this episode and the accompanying transcript on our website: https://gowlg.co/3TeelLG   ... Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle East. We regularly talk about a broad range of topics that may be of interest to you. Subscribe to receive our latest articles, podcasts and webinars straight to your inbox: https://gowlg.co/35efH2r  Alternatively, you can view our full selection of insights and resources here: https://gowlg.co/3IwEr41  Want to get to know us? Follow us on: LinkedIn: https://gowlg.co/3hqmatB  Twitter: https://gowlg.co/35Do0nY  Facebook: https://gowlg.co/3th2w8N 
Copyright is an integral part of every business.  It is essential for every business, and in particular creators of original works, to understand this legal right in order to protect their creations. In this latest episode in our IP Basics podcast series, Khemi Salhan, in our Intellectual Property team, provides listeners with an overview of copyright law including: what copyright law is; what and who copyright law protects; copyright infringement, and how to know when a work has been infringed; and the benefits and limits of copyright law. You can find this episode and the accompanying transcript on our website: https://gowlg.co/3ZCOIFu  ... Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle East. We regularly talk about a broad range of topics that may be of interest to you. Subscribe to receive our latest articles, podcasts and webinars straight to your inbox: https://gowlg.co/35efH2r  Alternatively, you can view our full selection of insights and resources here: https://gowlg.co/3IwEr41  Want to get to know us? Follow us on: LinkedIn: https://gowlg.co/3hqmatB  Twitter: https://gowlg.co/35Do0nY  Facebook: https://gowlg.co/3th2w8N 
Are you aware of the brand and design clearance process? If you're creating a new brand or design you must be familiar with 'clearance', which refers to the checks that a company must run during the stage at which it is creating or establishing its brand or designs. Kate Swaine, co-head of our global IP team, takes you through the clearance process, the dos and don'ts, and the issues businesses should be aware of. You can find this episode and the accompanying transcript on our website: https://gowlg.co/45ka1gP  ... Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle East. We regularly talk about a broad range of topics that may be of interest to you. Subscribe to receive our latest articles, podcasts and webinars straight to your inbox: https://gowlg.co/35efH2r  Alternatively, you can view our full selection of insights and resources here: https://gowlg.co/3IwEr41  Want to get to know us? Follow us on: LinkedIn: https://gowlg.co/3hqmatB  Twitter: https://gowlg.co/35Do0nY  Facebook: https://gowlg.co/3th2w8N 
Designs are often overlooked when it comes to intellectual property rights and protection. But now, people are becoming more aware of the breadth of what designs can cover and the new opportunities to enforce designs more cost effectively than before. In this IP Basics podcast, John Coldham provides listeners with an overview of designs, the differences between registered and unregistered designs, and practical tips for those considering filing a design. You can find this episode and the accompanying transcript on our website: gowlg.co/3XUFDXu  ... Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle East. We regularly talk about a broad range of topics that may be of interest to you. Subscribe to receive our latest articles, podcasts and webinars straight to your inbox: https://gowlg.co/35efH2r  Alternatively, you can view our full selection of insights and resources here: https://gowlg.co/3IwEr41  Want to get to know us? Follow us on: LinkedIn: https://gowlg.co/3hqmatB  Twitter: https://gowlg.co/35Do0nY  Facebook: https://gowlg.co/3th2w8N 
Trademarks belong to the key assets of any company. They mark the face of your business and are essential for your success. You can register words, designs, logos, letters, numerals, colour shades, symbols and even sounds. In our next IP Basics podcast episode, Charlie Bond provides an overview on: how trademarks are protected in the UK what can and cannot be registered as a trademark; and how trademarks can be infringed and remedies against an infringer complemented with examples and practical steps for your brand protection. You can find this episode and the accompanying transcript on our website: https://gowlg.co/3JnCCcu  ... Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle East. We regularly talk about a broad range of topics that may be of interest to you. Subscribe to receive our latest articles, podcasts and webinars straight to your inbox: https://gowlg.co/35efH2r Alternatively, you can view our full selection of insights and resources here: https://gowlg.co/3IwEr41 Want to get to know us? Follow us on: LinkedIn: https://gowlg.co/3hqmatB Twitter: https://gowlg.co/35Do0nY Facebook: https://gowlg.co/3th2w8N Instagram: https://gowlg.co/3tEf2iq This podcast may contain information of general interest about current legal issues, but does not give legal advice.
Infringement of intellectual property can take many forms on line including sale of counterfeit products, copying websites, or registering a domain name using an existing brand name. So what can business do to mitigate the risk of infringement and stop the infringement if and when it does occur? In this IP Basics podcast, Zoe Pearman, in our Brands, Advertising and Designs team (which is part of our Intellectual Property Team) provides useful hints and tips for businesses on dealing with brand infringement online, how to become aware of it and the steps and strategies to follow mitigate risk. You can find this episode and the accompanying transcript on our website: https://gowlg.co/45n443e  ... Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle East. We regularly talk about a broad range of topics that may be of interest to you. Subscribe to receive our latest articles, podcasts and webinars straight to your inbox: https://gowlg.co/35efH2r Alternatively, you can view our full selection of insights and resources here: https://gowlg.co/3IwEr41 Want to get to know us? Follow us on: LinkedIn: https://gowlg.co/3hqmatB Twitter: https://gowlg.co/35Do0nY Facebook: https://gowlg.co/3th2w8N Instagram: https://gowlg.co/3tEf2iq This podcast may contain information of general interest about current legal issues, but does not give legal advice.
What is passing off? In its simplest form, passing off is when a business misleads customers (whether intentionally or unintentionally) into believing their goods or services were actually those of another business so as to benefit from the reputation another business enjoys. A less familiar form of intellectual property right, passing off right applies to protect unregistered rights associated with a particular business, its goods or services. A very valuable asset for brand owners, this right protects 'goodwill' of an owner and protects a brand's value.  In this IP Basics podcast episode, Lucy Singer, in our IP team, will provide you with a summary of the law of passing off, the different forms of passing off, how to prove it and how to best leverage on this unregistered right.  You can find this episode and the accompanying transcript on our website: https://gowlg.co/3AAg5E8 ... Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle East. We regularly talk about a broad range of topics that may be of interest to you. Subscribe to receive our latest articles, podcasts and webinars straight to your inbox: https://gowlg.co/35efH2r Alternatively, you can view our full selection of insights and resources here: https://gowlg.co/3IwEr41 Want to get to know us? Follow us on: LinkedIn: https://gowlg.co/3hqmatB Twitter: https://gowlg.co/35Do0nY Facebook: https://gowlg.co/3th2w8N Instagram: https://gowlg.co/3tEf2iq This podcast may contain information of general interest about current legal issues, but does not give legal advice.
In this episode of our "BAD" (Brands, Advertising and Designs) podcast series, we hear from Charlie Bond and Lucy Singer in our Intellectual Property (IP) team as they discuss the topic of the metaverse.  In recent years, the metaverse has gained increasing amounts of awareness and attention. This has led to huge amounts of investment in the metaverse and it's estimated that the market will be worth a staggering $800 billion by 2024. Get to grips with the basic terminology associated with the metaverse and what exactly this digital world involves and how it works. Once you're up to speed on the basics, the podcast has a more detailed look, exploring the different IP rights that are involved in the Metaverse as well as how to protect them.  You can find this episode and the accompanying transcript on our website: https://gowlg.co/3MubieQ  Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle East. We regularly talk about a broad range of topics that may be of interest to you. Subscribe to receive our latest articles, podcasts and webinars straight to your inbox: https://gowlg.co/35efH2r  Alternatively, you can view our full selection of insights and resources here: https://gowlg.co/3IwEr41  Want to get to know us? Follow us on: LinkedIn: https://gowlg.co/3hqmatB  Twitter: https://gowlg.co/35Do0nY  Facebook: https://gowlg.co/3th2w8N  Instagram: https://gowlg.co/3tEf2iq  This podcast may contain information of general interest about current legal issues, but does not give legal advice.
In the second episode of our 'BAD' (Brands, Advertising and Designs) podcast series, we hear from James Stunt, in our EU, Trade and Competition team, as he explores the UK and EU sanctions regimes and their impact on intellectual property, as well as key considerations for IP rights holders. This podcast will provide you with an overview of the key provisions of the UK and EU sanctions regimes and how these may impact dealings involving intellectual property rights, including licencing. You can find this episode and the accompanying transcript on our website: https://gowlg.co/3YpYTL5  ... Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle East. We regularly talk about a broad range of topics that may be of interest to you. Subscribe to receive our latest articles, podcasts and webinars straight to your inbox: https://gowlg.co/35efH2r  Alternatively, you can view our full selection of insights and resources here: https://gowlg.co/3IwEr41  Want to get to know us? Follow us on: LinkedIn: https://gowlg.co/3hqmatB  Twitter: https://gowlg.co/35Do0nY  Facebook: https://gowlg.co/3th2w8N  Instagram: https://gowlg.co/3tEf2iq  This podcast may contain information of general interest about current legal issues, but does not give legal advice.
In this first episode of our Brands, Advertising and Design podcast series, global IP team member Jasmine Lalli explores national, regional and international exhaustion and the changes in design protection post-Brexit. You can find this episode and the accompanying transcript on our website: https://gowlg.co/3YpYTL5  ... Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle East. We regularly talk about a broad range of topics that may be of interest to you. Subscribe to receive our latest articles, podcasts and webinars straight to your inbox: https://gowlg.co/35efH2r  Alternatively, you can view our full selection of insights and resources here: https://gowlg.co/3IwEr41  Want to get to know us? Follow us on: LinkedIn: https://gowlg.co/3hqmatB  Twitter: https://gowlg.co/35Do0nY  Facebook: https://gowlg.co/3th2w8N  Instagram: https://gowlg.co/3tEf2iq  This podcast may contain information of general interest about current legal issues, but does not give legal advice.
We conclude Season 1 of our 'In Conversation with Gowling WLG' podcast series with a special two-part episode, as global intellectual property partner Gordon Harris speaks to Robert MacDonald – a veritable legend of the IP world, a former colleague and long-time friend. We delve deep into IP, hearing Robert's high points and challenges, anecdotes, and advice garnered from an illustrious international career spanning four decades. In Part 2, Gordon Harris continues his conversation with IP legend Robert MacDonald, as the pair talk: Robert's role and his memories from the merger of Gowling Lafleur Henderson LLP in Canada and Wragge and Co in the UK, and the longstanding relationship between the two firms; Intellectual property litigation in Canada, international client work and the seeds of transatlantic collaboration at the sharp end of IP; and hopes for the future of the sector, moving onwards and upwards, and handing over the leadership reins to the next generation of IP stars. Our 'In Conversation' series delves into the world of intellectual property, speaking with leading figures in industry. Throughout the series, we build a picture of how the IP world works, gathering insight into the latest trends and developments. This podcast may contain information of general interest about current legal issues, but does not give legal advice. Gowling WLG is an international law firm working in major sectors including energy, life sciences, infrastructure, financial services, real estate and technology. We cover the latest developments relevant to you across different sectors and services. Subscribe... YouTube: https://bit.ly/2VhOhU6 Spotify: https://spoti.fi/3kgiDzZ We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: https://gowlg.co/3BbtMIx Follow us on... LinkedIn: https://bit.ly/2WRdHsN Twitter: https://bit.ly/3n3Zljn Facebook: https://bit.ly/3zOyQlf
How has the intellectual property landscape changed over the last 40 years and how has this impacted IP case law globally? And, what was it really like acting on largescale cases in Soviet Russia? We conclude Season 1 of our 'In Conversation with Gowling WLG' podcast series with a special two-part episode, as global intellectual property partner Gordon Harris speaks to Robert MacDonald – a veritable legend of the IP world, a former colleague and long-time friend. We delve deep into IP, hearing Robert's high points and challenges, anecdotes, and advice garnered from an illustrious international career spanning four decades. In Part 1, we explore: Robert's entry into IP, earning his stripes in the profession, and some of his most important and challenging moments over a memorable 40-year career to date; his time spent in Russia representing Canadian companies and joint ventures with the USSR, and doing business during the Perestroika and Glasnost era; Robert's role as a strategic adviser to numerous multinationals, acting in a number of landmark trademark cases, including Adidas AG v. Globe International (2015); Hortilux Schreder v. Iwasaki Electric (2013); Apotex v. Canada (2010); Jose Cuervo v. Bacardi (2010); and Merrill Lynch v. Bank of Montreal (1996); reflections on career moments in the courts, and times where Robert may have done things differently; and leading the Canadian arm of Gowling WLG's IP team as Head of Sector and growing the firm's global offering. This podcast may contain information of general interest about current legal issues, but does not give legal advice. Gowling WLG is an international law firm working in major sectors including energy, life sciences, infrastructure, financial services, real estate and technology. We cover the latest developments relevant to you across different sectors and services. Subscribe... YouTube: https://bit.ly/2VhOhU6 Spotify: https://spoti.fi/3kgiDzZ We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: https://gowlg.co/3lhcJPy Follow us on... LinkedIn: https://bit.ly/2WRdHsN Twitter: https://bit.ly/3n3Zljn Facebook: https://bit.ly/3zOyQlf
In this episode, we delve deep into the world of patent litigation and dispute resolution, to explore: • litigating with, and against, some of the world's foremost legal minds, on some of the largest scale and most impactful, important, and controversial IP cases of recent times; • the evolution of patent litigators over five decades, from the smaller Bar of the 80's to the booming, big business litigation of the present; • Treat-sized chocolates, trademark trapdoors, and tales from the IP front on an A to Z of patent subjects; • encountering new technologies, the growth and development of pharmaceutical and biotechnologies, and promoting innovation; • litigating on High Court, Court of Appeal, and Supreme Court action, and taking the silk as Queen's Counsel; and • Much more. This podcast may contain information of general interest about current legal issues, but does not give legal advice. Gowling WLG is an international law firm working in major sectors including energy, life sciences, infrastructure, financial services, real estate and technology. We cover the latest developments relevant to you across different sectors and services. Subscribe... YouTube: https://bit.ly/2VhOhU6 Spotify: https://spoti.fi/3kgiDzZ We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: https://bit.ly/2VrbZKR Follow us on... LinkedIn: https://bit.ly/2WRdHsN Twitter: https://bit.ly/3n3Zljn Facebook: https://bit.ly/3zOyQlf
From an illustrious, longstanding career as a patent attorney, and becoming President of the Chartered Institute of Patent Attorneys in the UK, to now leading the charge for stronger diversity and inclusion in IP. In the latest podcast in our 'In Conversation with Gowling WLG' series, global IP partner Gordon Harris speaks with Andrea Brewster OBE, founder and lead executive officer of IP Inclusive – an organisation aimed at improving diversity and accessibility in the IP profession. Find out more about our IP team here: https://bit.ly/3jfP3aj Register for updates from our intellectual property team to receive the series direct to your inbox, as well as the latest market insights from Gowling WLG's leading IP professionals: https://bit.ly/31q3UZE This podcast may contain information of general interest about current legal issues, but does not give legal advice.
In the latest podcast in our 'In Conversation with Gowling WLG' series, global IP partner Ryan Steeves speaks with Patrick Rogers, CEO of Music Canada, and the trade association for Canada's major record labels: Sony Music Entertainment Canada, Universal Music Canada and Warner Music Canada. In their discussion, Patrick and Ryan explore the music ecosystem and the significance of helping to protect intellectual property within Canada’s cultural industries. Patrick tells us about the importance of copyright in the global music industry, why copyright reform is so important to artists (and all creators), and what is being done in Canada and around the world to “rebalance the ledger” and restore fairness to creators. And after nearly a decade spent in federal politics, Patrick offers up his perspectives on effective advocacy, and how to work with governments to “move faster and fix things”. Find out more about our IP team here: https://bit.ly/3jfP3aj Register for updates from our intellectual property team to receive the series direct to your inbox, as well as the latest market insights from Gowling WLG's leading IP professionals: https://bit.ly/31q3UZE This podcast may contain information of general interest about current legal issues, but does not give legal advice.
In this episode, we explore rapid technology acceleration and its influence on the IP world, discussing how intellectual property is managing to stay ahead of the curve and navigate this ever-evolving landscape? Also discussing: balancing a hybrid role as in-house counsel whilst working on IP policy issues as President of the IP Federation; programming influences in IP problem solving, and how a grounding in technology can help in understanding inventions; the pace of change, and resulting struggles and opportunities for IP professionals in the current market and beyond; Artificial intelligence (AI) in the armoury of the inventor, it's advantages and limitations, and what this means for the IP development landscape; COVID-19 and Brexit impacts and the role the IP sector plays when facing a crisis; the balance between tangible and intangible investment in tech across new sectors and how IP must remain relevant and adaptable; improving diversity and social mobility in the sector and enacting change to support the next generation of professionals; and much more. Find out more about our IP team here: https://bit.ly/3jfP3aj Register for updates from our intellectual property team to receive the series direct to your inbox, as well as the latest market insights from Gowling WLG's leading IP professionals: https://bit.ly/31q3UZE This podcast may contain information of general interest about current legal issues, but does not give legal advice.
From early rock 'n' roll dreams, to headlining intellectual property on the US Court of Appeals for the Federal Circuit. In the latest podcast in our 'In Conversation with Gowling WLG' series, global IP partner Ron Dimock speaks to Randall Rader, former Chief Judge of the United States Court of Appeals for the Federal Circuit and longstanding career IP litigator and patents judge. What is the real value of IP for new inventions? And, how is the US handling cutting edge patent cases compared to other countries? In this episode, we explore these question and more, including: Rock 'n Roll, Rolling Stone cover ambitions with 'Paul Revere and the Raiders', to headlining the US Court of Appeals for the Federal Circuit for over 25 years; Randall's time as the Chief Judge of the US Court of Appeals for the Federal Circuit, at the sharp end of IP and patent litigation, before retiring from the bench in 2014; solving patent law problems, harmonising, and putting proper value on IP for every invention; the 'sledgehammer' vs. the 'scalpel', and how the US is 'out of step' with the rest of the world on patent issues; founding the Rader Group, and focussing on arbitration, mitigation, mediation and legal consulting; and Patents as a 'pacemaker' and the complexities of trying patent infringement cases and dispute resolution. Find out more about our IP team here: https://bit.ly/3jfP3aj Register for updates from our intellectual property team to receive the series direct to your inbox, as well as the latest market insights from Gowling WLG's leading IP professionals: https://bit.ly/31q3UZE This podcast may contain information of general interest about current legal issues, but does not give legal advice.
In the first part of our latest 'In conversation with Gowling WLG' episode, we heard from the Right Honourable Professor Sir Robin Jacob, delving deep into the world of patents, exploring some of his most important and challenging IP cases over an illustrious career spanning 40 years. Join us for Part 2, with global IP partner Gordon Harris continuing his conversation with Sir Robin, as the pair talk: Sir Robin's Professorship at University College London, and what he is seeking to achieve in his post; patents post-Brexit and the survival of the European judicial collaboration following Britain's departure from the EU; the implications for IP professionals and the UK patent office if the UK is to drop the EPC system; opportunities for the next generation of intellectual property lawyers entering patent litigation; the influence of Artificial Intelligence (AI) in IP and how AI is changing the approach to copyright and patents; and much more. Find out more about our IP team here: https://bit.ly/3jfP3aj Register for updates from our intellectual property team to receive the series direct to your inbox, as well as the latest market insights from Gowling WLG's leading IP professionals: https://bit.ly/31q3UZE This podcast may contain information of general interest about current legal issues, but does not give legal advice.
In the first half of this special two-part episode, we delve deep into the world of patents, exploring some of Sir Robin's most important and challenging cases over an illustrious career spanning 40 years. In Part 1, we explore: Sir Robin's route to the Patent Bar, from Cambridge graduate to career litigator, reaching the post of Lord Justice of the Court of Appeal for England and Wales; precedent-setting and influential cases spanning Sir Robin's renowned career, including musings on Norwich Pharmacal Co. & Others v Customs and Excise Commissioners [1974], and the changing nature of IP law; Sir Robin's judicial career at the forefront of patents, his most difficult cases and preparation for trial, and thoughts from the sharp end of IP disputes; lecturing, authorship and knowledge sharing, to support the next generation of patent lawyers; and much more. Find out more about our IP team here: https://bit.ly/3jfP3aj Register for updates from our intellectual property team to receive the series direct to your inbox, as well as the latest market insights from Gowling WLG's leading IP professionals: https://bit.ly/31q3UZE This podcast may contain information of general interest about current legal issues, but does not give legal advice.
What is it really like to be the UK Supreme Court's leading decision maker, interpreting some of the most important intellectual property decisions of recent times? In the latest podcast in our 'In Conversation with Gowling WLG' series, global IP partner Ron Dimock speaks to the Right Honourable Lord Neuberger of Abbotsbury, former President of the United Kingdom Supreme Court. In this episode, we delve deep into the world of patent law, exploring some of the most important decisions in international IP, and the difficulties and privileges of interpreting some of the sectors most important cases We explore: Lord Neuberger's career from Oxford University science grad to private practice lawyer, admittance to the Bar, and his surge up the judicial ranks to President of the UK Supreme Court; Patents judgement, hearing IP and patent cases, and the unique challenges of trying intellectual property claims; Complex, precedent setting cases from Lord Neuberger's career, including Catnic Components Ltd. v. Hill & Smith Ltd., Kirin-Amgen Inc. v Hoechst Marion Roussel Ltd, and Actavis v Eli Lilly, and their impact on the approach to infringement. The interpretation of patents, the European Patent convention and the introduction of the doctrine of equivalents; The key developing patent issues to be litigated in the foreseeable future, the impact of COVID-19 on future IP cases, and the demanding nature of internationalising consistent laws across countries; and Much more. You can find a transcript for this episode on our website: http://bit.ly/393TnGr  Find out more about our Intellectual Property team here: https://bit.ly/3njZaNq  We regularly talk about a broad range of topics that may be of interest to you. Register for an account on our website to receive our latest articles, podcasts and webinars: http://bit.ly/38eOKtP 
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