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Generative AI: A global guide to key IP considerations
Artificial intelligence (AI) raises many intellectual property (IP) issues.
United Kingdom | Publication | November 2023
In an appeal of last year’s High Court judgment in CMG Pension Trustees v CGI IT UK, the Court of Appeal has ruled that the Pensions Ombudsman is not a “competent court” as provided by, but not defined in, section 91 of the Pensions Act 1995, for the purposes of recouping overpayments of pension by way of set-off against future benefits.
Section 91 imposes conditions on trustees to get an “order of a competent court” where a member disputes an overpayment amount. The CA found that in terms of the nature and extent of the PO’s jurisdiction, it is not comparable with a court. In addition, the PO’s jurisdiction is “one-sided” in that trustees can bring complaints only in certain circumstances.
Where there is a dispute in such circumstances, the scheme trustees must apply to the county court to enforce a determination of the PO and the court will then enforce the ruling as if it had made it itself.
This adds a layer of complexity to such cases, as trustees will need a county (or other) court order to enforce a PO decision that recoupment of a disputed overpayment should be allowed.
The PO said it is currently reviewing its position and will provide an update shortly. Following the case of Burgess v BIC UK Ltd in 2018, the PO produced a factsheet setting out its argument to be considered a competent court and this publication, too, is being reviewed.
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Artificial intelligence (AI) raises many intellectual property (IP) issues.
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The UK remains a world leader in offshore wind, accounting for roughly 20 percent of global offshore wind capacity, with 11.3 GW operational. It is forecast that installed capacity will rise to 19.5 GW by mid 2020s.
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On 21 May 2024, the European Council (or Council) adopted the so-called ‘Hydrogen and decarbonised gas market package’ (the Gas Package). The package contains a recast of the 715/2009 gas regulation (Gas Regulation) and a recast of the 2009/73 gas directive (Gas Directive) aimed at reforming the existing EU regulatory framework to support the deployment of renewable and low-carbon gases, in particular hydrogen. As such, it represents a major development in the EU gas market.
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