Patricia Barclay

Delighted to be ranked Band 1 for UK Product Liability (defendant). Fantastic to see our Life Sciences teams performed so brilliantly, too! Top rankings for commercial litigation, for public policy and government work, among so many others. Thrilled to be a part of this #hoganlovells narrative leading a fantastic team with Matthew Felwick Do the rankings matter? I remember a colleague saying ‘are we just all talking to ourselves and congratulating each other?’ I think it matters. It’s amazing when peers and clients take the time to give us feedback; to boost our practices, to hold their hands up and say ‘yes! That was GREAT work!’ I love to see the diversity in the rankings - it’s improved so much. New names coming up and new qualities being called out. ‘Sharp legal mind’ isn’t enough - I love that our clients need just as much (more?) ‘brilliant use of legal tech to keep costs down’ and ‘pragmatic, commercial risk based advice enabling me to really understand without legalese’. Cool.

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Where the patient is known to have diabetes, earlier discharge may be possible with a higher CBG level and if historical hyperglycaemia is known and managed and a follow-up programme is put in place Read more 👉 https://lnkd.in/e2AJzFVe #hyperglycaemia #emergencydoctor #expertwitness

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As explained by Geoff Hussey in the article below, the Bolar exemption facilitates market authorisation for generic pharmaceuticals across the UK and EU, helping ensure access to affordable medicines. The UK broadened the exemption almost 10 years ago and the EU is set to follow, which will simplify market entry for generic pharmaceuticals and biosimilars. #BolarExemption #GenericPharmaceuticals #Biosimilars

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Manufacturers of #health_technology and #pharmaceuticals, and service providers to the #care_sector, will be reading the runes of the last 24 hours following the publication of the #Lord_Darzi_report on the NHS.   We have not yet seen detail on proposed regulatory reform, but Lord Darzi's report, and the UK government's responses today, indicate the likely direction of travel. Here are some key points from the report - and potential areas of reform and new guidance to look out for:   💡 #Digital_Transformation:  Lord Darzi compares how technology has revolutionised many aspects of daily life, whereas the NHS remains in the early stages of digital transformation. The last decade could have been a golden era for embracing technologies that shift the model from 'diagnose and treat' to 'predict and prevent'. Lord Darzi advocates integrating advanced digital solutions into the healthcare system. What to watch out for: 👀 regulatory reform in line with the MHRA's roadmap, leading to new medical device regulations expected in 2025 🔬 #Clinical_Trials: The UK ranked fourth in the number of clinical trials initiated in 2021. However, Lord Darzi notes the need to simplify and expedite the process for establishing trials in the UK, pointing to the O'Shaughnessy review that recommended simplifying and speeding up the process for establishing clinical trials to maintain the UK's competitive edge. What to watch out for: 👀 the UK government has recognised the need to reform regulations over establishing clinical trials. 📊 #Health_Data: The NHS holds extraordinarily rich datasets that are largely untapped. Lord Darzi explains how these datasets could revolutionise clinical care, service planning, and research. Investment in information technology has predominantly focused on acute hospitals, meaning that investment is needed in technology in community-based services and other providers. What to watch out for: 👀 updated guidance from the NHS Health Research Authority on the use of patient data in research 🤖 #AI: Lord Darzi notes the potential for AI to transform patient care: from discovering new treatments to automating routine processes. With its vast datasets and the UK's position as a global AI hub, the NHS could lead this transformation, benefiting patients nationwide. Lord Darzi argues for a fundamental shift towards technology adoption. What to watch out for: 👀 the development by the MHRA of its AI strategy (published in April), particularly guidance and regulations over accountability and governance 🏥 The #CQC: Lord Darzi notes the findings of the Dash review into the Care Quality Commission (published in July) which found that the CQC is failing to improve quality in the healthcare sector. What to watch out for: 👀Service providers may expect reform of the CQC, and potentially amendments to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 Anna L. Alice Babington Amy Lewis

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As part of our series on enforcement of IP in Scotland I have written this short piece on the two big questions clients ask us - how much will this cost and how long will it take?  I hope you find it useful.  https://lnkd.in/e-NvEnxp

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In advance of Pinsent Masons' AI conference on 4 July, Philip N. and Karl Simons OBE have produced this article published in SHP: The impact of AI on H&S management and legislative compliance #healthandsafety

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https://lnkd.in/eyib4fYM A very important part of the growth of the Life Sciences sector is the availability of lab space. The availability or the lack thereof often dictates to which extent the sector is able to grow. BIA and JLL have put together UK life sciences occupiers guide to laboratory space, which focus on laboratory space. #lifescience #biotech #medicaldevice #medtech #healthtech

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Are you an SME in the UK currently engaged in a business support initiative with your regional provider (e.g. Innovate UK Business Growth for England)? Are you looking to understand the intellectual property ('IP') in your business and get an objective assessment of your current IP position for a very low cost? Do you have some IP recommendations but need financial support to implement them? Good news! The UKIPO has launched a revamped financial support scheme 'IP Advance', which in essence provides funding for two purposes. Detail below - short read I promise. Firstly, the fund will provide £2250 (inc. VAT) of funding provided you pay £750 (inc. VAT) towards an 'IP Audit' performed by a suitably qualified IP professional (like me!). This is intuitively named 'IP Audit' funding. The idea is that we'd review the IP in your business together and provide you with a written report detailing your current IP position, providing recommendations for improving your position, and providing a bespoke IP strategy for your business for you to implement. This is a fantastic way to get an honest, written assessment of where your business is at IP-wise and provides an insightful report you can use to push on and increase the value of your business and to secure your ideas. Secondly, the fund will provide a contribution of up to £2250 (inc. VAT) to pay for ongoing advice from an IP professional in order to implement an effective IP strategy. This is called 'IP Access' funding. This is conditional on your business contributing 50% of the cost for this portion of the funding. You can access either or both levels of funding - there is no requirement to have an IP Audit before you utilize the IP Access support. To be eligible, your SME must be engaged in a business support initiative with your regional business support provider. If you would like to discuss this, feel free to message me. Your first port of call for accessing this funding is your regional business advisor. They are as follows: England - Innovate UK Business Growth Scotland - Scottish Enterprise, Highlands and Islands Enterprise, & South of Scotland Enterprise Wales - Welsh Government Northern Ireland - Invest Northern Ireland

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We live in a time when communication is key in all aspects of our lives... not least when undergoing medical treatment. Therefore, any assistance clinicians can have to ensure that they can patients are fully aware; have insight into their treatment and ensure informed consent is obtained is to be applauded. Read this blog from Louise Barton to find out what University Hospitals of Derby and Burton NHS Foundation Trust have implemented to level things up #patientsafety #medicallaw #nhs #translationservices

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See below for the latest insights from our UPC experts as UPC Unpacked: Issue 5 is out now! This month you’ll find a deep dive into the UPC’s first decided cases, its caseload and which aspects of the new system are proving popular, and an overview of ongoing SEP and FRAND disputes, pulling out key trends. Our experts’ valuable insights can help inform your own UPC litigation strategy.

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With the race to develop AIs, the intellectual property protection for them is becoming an increasingly vexed subject. Here we discuss the current position on patentability in the UK and a potential relaxation of the regime: bit.ly/4aBlt9S

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DEFRA Publish illustrative base fees for extended producer responsibility packaging levy: DEFRA have published lower, median and upper cost estimates for 8 packaging materials covered by the extended producer responsibility levy from 2025/6. The published ‘Illustrative’ figures are to be revised, potentially taking into account the autumn statement in September. #sustainability

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I wrote a piece about the serious consequences of unlawful means conspiracy and the high price to be paid if found liable. In my article, which was published by Lexology, I detail the case of Etta Healthcare v Steven Aimson & Ors [2024] EWHC 1209 (Ch) which, I say, “shows that an action in unlawful means conspiracy can cast a wide net, and catch defendants unawares’’. I explain why a claim in conspiracy can be a useful way of proceeding against multiple defendants. I also outline the “essential ingredients’’ of unlawful means conspiracy, as well as how damages are determined. Link in comments. #legal #law #lawfirm

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Bird & Bird Intellectual Property - this year feels barely started and we already have five #media-worthy wins for our clients: - Success for #COPA in the high profile copyright ‘Battle of the #Bitcoin’ case - Success in maintaining 3 #CRISPR patents, ultimately resulting in the ability to research cures for rare diseases which otherwise would likely not be able to find funding; - Success in the first of our Lenovo v InterDigital patent disputes for our client #InterDigital - Success for #Lidl in Lidl v Tesco Court of Appeal decision based on trade mark and copyright law. This case could easily result in one of the highest damages awards in UK IP history. - Success for #Merck KGaA in establishing Merck Sharp & Dohme LLC had used “merck” in ways prohibited by a UK injunction. What a great team to work in, with great clients to work for. #twobirds

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For those who care about UK registered designs. In a welcome move, the UK Intellectual Property Office have increased transparency by releasing guidance on their practice relating to products consisting of multiple components. Recently, we have seen more objections against UK registered design applications, arguing that the application depicts multiple unrelated products, rather than a single product, and therefore cannot be protected in a registered design. This is particularly frustrating where the applicant fully intends for the protection to be limited to the collection of articles, sold together. A classic example of this might be a picnic set, all sold together in a picnic hamper. The practice note indicates that objections may be raised to products consisting of disposable/edible food items and their packaging on the basis that the packaging and the item would not stay together for the normal life of the product. Similarly, objections may be raised to packaging only intended for retail use (e.g. cardboard boxes having cutlery displayed therein). This is contrasted with a wooden canteen for storing and displaying a fine set of cutlery. The cutlery would be removed from the canteen for use, and then replaced there for storage/display. Helpfully, the practice note also provides options for overcoming such objections, such as dividing the application into multiple designs, removing offending images, or limiting the scope of protection by adding a disclaimer. Interestingly (and somewhat frustratingly), the applicant is not provided with the option of accepting the limitation that the registered design would only protect against products having this combination of articles. Personally, whilst I don't agree with the practice, the transparency is a welcome step forward. Oh, and what do people think about the examples shown below, taken from our fridge? Would the UKIPO allow protection for these products in packaging? Should they? https://lnkd.in/gP2Vtir2

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This will be well worth reading. So many issues to consider but most of all how could it have happened and what will stop it happening again?

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A key difference that often surprises IP lawyers in other jurisdictions is the relative lack of document disclosure in the Scottish court system. In our latest blog on enforcing IPR in Scotland series, we explore the implications of this for IP litigation north of the border. Read more here: https://lnkd.in/eFBsfG2A

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