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The RoadmapEp 35: Medical device software market on the brink? The AI Act alarm bells are ringing - Part 2As rumours swirl of a delay to the date of application of the AI Act, here is part 2 of specialists Marc Dautlich and Alex Denoon's podcast.In this episode, they delve further into Marc’s territory – the principles based GDPR - and note an uncomfortable practical constraint hidden away in Annex V of the EU AI Act.This issue wasn’t addressed in Team-NB’s Position Paper, but is likely to be a significant challenge.Send us a textThanks for listening!If you have any feedback, questions or comme...2025-05-2811 minThe RoadmapEp 34: Medical device software market on the brink? The AI Act alarm bells are ringing - Part 1Team-NB, representing the majority of Notified Bodies for EU MDR and IVDR medical devices, has issued a stark warning: the implementation of the EU AI Act carries a significant risk of major disruption to the medical device software sector.Their recently published Position Paper doesn't hold back, highlighting critical shortcomings in the implementation framework and emphasising the dwindling time left to address them. Team-NB is urgently calling for swift action to prevent widespread issues.To unpack this crucial situation, our specialists Marc Dautlich and Alex Denoon offer their expert...2025-05-1913 minThe RoadmapEp 33: Navigating the challenges of investing in or acquiring companies utilising Agentic AIIn the second episode of our series exploring Corporate Law and AI, our experts, Partner Iain Redford (Corporate & Tax) and Partner Vik Khurana (Commercial Technology), highlight some of the key risks which are likely to arise in doing deals with the next generation of AI companies with suggestions about ways to mitigate those risks.Note: All information was correct at the time of recording. (15.04.25)Send us a textThanks for listening!If you have any feedback, questions or comments, please email us at theroadmap@bristows.com...2025-04-2311 minThe RoadmapEp 32: Navigating the Future - Corporate Law and AI - Recognising value in AI transactionsIn the first episode of our series exploring Corporate Law and AI, our experts, Partner Vik Khurana (Commercial Technology) and Of Counsel Richard Swaine (Corporate & Tax), focused on the current state of AI transactional work and recognising and protecting value.Note: All information was correct at the time of recording. (14.03.25)Send us a textThanks for listening!If you have any feedback, questions or comments, please email us at theroadmap@bristows.comFind all the episodes as we release them here, and don’t fo...2025-04-0120 minThe RoadmapEp 31: Compliance considerations for consumer techOn this episode of The Roadmap, Alice Esuola-Grant and Jamie Cox discuss legislative updates in consumer technology as a result of the EU’s Product Liability Directive and the UK’s Digital Markets, Competition and Consumers Act.They provide an overview of the new provisions, the timeline for implementing the new legislation and things that businesses should start thinking about now to ensure compliance.Note: All information was correct at the time of recording.Send us a textThanks for listening!If you have any feedback, ques...2025-03-1214 minThe RoadmapEp 30: NIS2 - Gearing up to the next cybersecurity levelIn this episode, James Johnston and Anna Ni Uiginn talk about the EU NIS2 Directive which will raise cybersecurity standards across critical sectors in the EU. James and Anna will discuss the sectors that are within the scope of the directive, along with the new risk management measures and reporting requirements the directive introduces.Note: All information was correct at the time of recording.Send us a textThanks for listening!If you have any feedback, questions or comments, please email us at theroadmap@bristows.com...2025-02-0518 minThe RoadmapEp 29: GenAI terms of service benchmarkingIn this episode, Elisa Lindemann and Vik Khurana discuss our benchmarking of the terms of service of the top 10 GenAI providers. They unpack the latest market practice positions and explain what this means to customers and users, in particular how lawyers can advise on best practice use and adoption of GenAI tools and what this might mean for internal use policies and risk management frameworks. Topics include:ownership of outputs generated by AI;accuracy, hallucinations and the level of responsibility the providers take;providers’ rights to use input data and associated risks;IP indemnities and copyright commitments; andcompliance wi...2025-01-1024 min
You, me & the UPCEp 9: FRAND in the UPC - Panasonic v OppoIn this collaboration between our FRANDly Chat and You, me & the UPC podcasts, our experts, Naomi Hazenberg, Richard Pinckney and Francion Brooks, bring you a discussion on the first substantive FRAND decision of the UPC in Panasonic v Oppo.Find our other FRANDly Chat episodes here and our other You, me & the UPC episodes here.If you have any feedback, questions, or comments, please email us at upcpodcast@bristows.com. Find all the episodes as we release them here. Follow us on X and LinkedIn.2024-12-2025 minThe RoadmapEp 28: AI in the WorkplaceIn this episode, Marc Dautlich takes the Roadmap off-road to speak to special guests, Sean Griffin (Partner at US firm, Longman & Van Grack) and Emily Atkinson (of Bristows’ very own Employment and Immigration team) about the use of AI in the workplace here in the UK and in the US. Marc, Sean and Emily discuss and compare the employment/labour law and data protection issues arising from HR-related uses of AI, including:how existing law is already shaping AI-related workplace disputes on both sides of the pond, including real-life examples of how AI is already being use...2024-12-0348 minThe RoadmapEp 27: EU AI Act: impact on contracts and dealsIn this episode, Camille Beckmann speaks to Anneke Pol and Vik Khurana (along with a special guest AI chatbot!) on how to structure contracts to comply with the new EU AI Act.Much of the focus so far has rightly been on compliance with the AI Act, as companies work out whether, and how, it applies to them and what they will need to do to get their AI systems to market. We are now moving to how this will impact AI deals, setting-out emerging best practice for contracting for AI systems and uses that are regulated...2024-11-0628 minYou, me & the UPCEp 8: Jurisdiction – Testing the LimitsIn our 8th episode, Charlie French and Aida Tohala explore some of the recent decisions from the UPC exploring the boundaries of the court’s jurisdiction. These cases deal with questions including:Does the UPC have jurisdiction over countries that have signed the UPC Agreement, but not yet ratified it?How to decide whether to stay UPC proceedings when parallel litigation is ongoing at the EPO or nationally?Is it only national litigation commenced during the UPC transitional period that can lead to a stay of UPC proceedings?”If you have any feedback, questions, or comments, please emai...2024-10-2414 minThe RoadmapEp 26: How to avoid mega tech projects becoming mega tech disputesIn this episode of The Roadmap, our technology lawyers, Adrian Sim and Freya Ollerearnshaw distil the key issues and takeaways from the one of the biggest tech disputes to reach the UK courts in recent years. They share perspectives that both customers and suppliers may find useful. In particular, Adrian and Freya will explore:the impact of dependency and relief provisions, and what can happen where known dependencies are not expressly included in the contract; how conditions precedent can be used by both customers and suppliers to great effect in a variety of circumstances; andsome pitfalls when liability c...2024-10-0922 minThe RoadmapEp 25: EU AI Act – product safetyNumerous parallels can be drawn between the EU AI Act and product safety legislation - including risk classification for product liability, conformity assessments, CE marking and post-market surveillance – all of which are mirrored in the Act.But are organisations that are well-versed in placing safety-critical products on the market, better prepared to comply with the product safety aspects of the EU AI Act than others?In the second episode of our mini-series focusing on this significant regulatory change, host Anneke Pol is joined by Charlie Hawes and Alex Denoon to:Explore some of these pa...2024-08-0933 minThe RoadmapEp 24: EU AI Act - ‘high risk’ AI, roles and requirementsIn the first episode in this series on the EU AI Act, our tech lawyers Anneke Pol and Vik Khurana introduce some key elements of the Act we think all organisations need to be aware of. In particular:how to know whether your AI product or use is “high risk” – a vital question since so many of the Act’s requirements flow from it; andwhat “role” you’re playing under the Act – including, importantly, providers (developers) and deployers (i.e. users). Please stay tuned for upcoming episodes in this series, including product safety under the AI Act and how to manage in...2024-07-2625 minYou, me & the UPCEp 7: Protective OrdersIn this episode of You, me and the UPC, Charlie French and Naomi Hazenberg are joined by Eden Winlow to discuss the regime for protecting trade secrets and other confidential information in the UPC. The team cover decisions from the Dusseldorf Local Division in 10x Genomics v Curio and Fujifilm v Kodak, the Hague Local Division in Plant-e v Arkyne and the Paris Local Division in C-Kore v Novawell. Finally, the conversation turns to some practical points that have arisen from the discussion of the protection of confidential material in other cases.Note: This episode...2024-07-2524 minThe RoadmapBonus episode - More signal, less noise: GenAI tools in legal practiceThis bonus episode features Vik Khurana - a partner in our commercial technology team as well as regular guest of this show – in conversation with David Malkinson of Morae, a legal technology company.It’s a recording of a Q&A session which took place at ConnectLive, a major legal tech conference hosted by iManage, in London on 20 June 2024. The discussion explored the impact of GenAI tools within the legal sector and practical adoption considerations. David and Vik also provide their insights on the evolving landscape of legal tech and its effect on the work of lawyers.2024-07-1828 minThe RoadmapEp 23: Contractual remedies for customersWith Alice Esuola-Grant in the host’s seat this week, The Roadmap welcomes Rob Powell to explore the various contractual remedies customers may consider including in their agreements with suppliers when engaging in digital transformation projects. What remedies are available? Which are best suited to the project in hand? Which have we seen work best in practice when invoked? And crucially, which ones are the most practical and realistic to enable you as a customer to achieve your business objectives?Note: All information was correct at the time of recording.Send us...2024-06-1325 minYou, me & the UPCEp 6: Preliminary InjunctionsIn this episode of You, me & the UPC, Charlie French and Naomi Hazenberg cover the eight UPC preliminary injunction (PI) decisions to date. They discuss the legal points that have emerged from the various inter partes PI decisions, including the Court of Appeal decision in 10x Genomics v NanoString and the recent decision from the Düsseldorf Local Division in 10x Genomics v Curio, as well as ex parte PIs and the impact of filing a protective letter in the UPC.Note: the UPC Court of Appeal’s decision in Vusion Group SA (formerly SES-imagotag SA...2024-05-1324 minThe RoadmapEp 22: Digital Transformation Projects: Getting procurement rightThis time on The Roadmap Chris Holder chats to Rob Powell and Alice Esuola-Grant about managing the procurement process for your digital transformation - from aligning internal stakeholders, going out to market, managing bids and navigating tricky negotiations, as well as co-ordinating your own internal customer teams.Getting the procurement process right can be a key pillar in giving your digital transformation project the best chance of success - setting the tone for your relationship with the supplier and ensuring you achieve a robust, protective contract.Chris provides us with some of his top tips...2024-05-0121 minThe RoadmapEp 21: Use of AI and data in the 'Enterprise IT' supply chainIn this episode, our tech lawyers Vik Khurana and Anneke Pol discuss how IT suppliers use their customers’ data, the risks to customers and what they can do about it. In particular:The supplier arms-race to embed AI in their enterprise products and services.How they are using customer data and the legal and contractual loopholes they are leveraging.A checklist of risks and mitigations customers can use to guard against inadvertent data sharing.How 'hidden AI' in enterprise services is causing GenAI-specific IP, confidentiality, liability and accuracy issues and what you can do about them.No...2024-03-2020 minYou, me & the UPCEp 5: Access to documents and transparencyIn our fifth episode of You, me & the UPC, our patent litigation experts, Naomi Hazenberg and Charlie French, cover the early cases regarding access to documents, transparency of UPC decision-making and the application of Rule 262.1(b) of the UPC Rules of Procedure.Note: This episode was recorded before the Court of Appeal hearing in Ocado v AutoStore on 12 March, which was attended by Gregory Bacon. The Court of Appeal indicated at the hearing that it would issue its decision as soon as possible - we will report the outcome when the decision is available.2024-03-1522 minYou, me & the UPCEp 4: Early trends and statisticsIn our fourth episode of You, me & the UPC, our patent litigation experts, Naomi Hazenberg and Charlie French, cover the early statistics and trends emerging from the first eight months of the UPC.They explore:The uptake of the new unitary patent, top unitary patent proprietors and choice of language for unitary patents.The number of classic European patents being opted out of the UPC system…and back in again.An overview of the early cases and the various technologies involved.Choice of venue and language of proceedings for infringement and revocation actions.If you ha...2024-02-2316 minThe RoadmapEp 20: Managing the inevitable – tactics when facing a troubled projectThis time on the Roadmap, we’re exploring troubled projects. These are projects that are not in litigation territory yet but are having problems. Our experts Toby Crick and Anneke Pol discuss how to manage projects as they start to go wrong to try and avert failure, avoid disputes and work out a sensible way forward. They consider the importance of contractual change mechanisms, open but carefully managed dialogue, judicious use of escalation mechanisms and, if at all possible, having some flexibility when pricing the deal.Note: All information was correct at the ti...2024-02-1323 minThe RoadmapEp 19: In conversation with AstraZenecaIn this episode, our tech partner Vik Khurana is joined by two very special guests, Adam McArthur and Warren Brown, from the global pharma and biotech company, AstraZeneca. Adam is Assistant General Counsel (Digital, IT and Operations) and Chief Legal and Compliance Officer at Evinova (AstraZeneca’s new Healthtech business). Warren is Senior Counsel (Digital & Data) at AstraZeneca. They discuss:the impact of AI and digital technologies on the pharma and healthcare industriesways of working with tech companies and managing culture clashesdrawing from different skillsets to find the right solution for a digital projectbeing comfortable with ambiguity in a sci...2024-01-1031 minThe RoadmapOur Digital Transformation Project Masterclass SeriesIn this bonus episode, commercial tech partners Vik Khurana and Adrian Sim introduce our Digital Transformation Project Masterclass Series. Comprising four, half-day, training sessions - taking place between January and April 2024 - the programme is designed, specifically, for in-house lawyers and procurement professionals who work on buy-side digital transformation, IT, outsourcing and commercial projects.You can find the full agenda, and registration details here.We look forward to seeing you at the sessions!Note: All information was correct at the time of recording.Send us...2023-12-2116 minThe RoadmapEp 18: Sourcing for InnovationMany technology and sourcing deals are signed promising innovation, change and transformation. After all, there is a real need for these deals to drive more value from data through AI, analytics and multi-cloud, automate manual processes, and leverage best-of-breed tools and platforms.But too often, they don’t deliver innovation beyond the business-as-usual. In episode 18 of The Roadmap, our experts Vik Khurana and Anneke Pol explain how procurement processes and contractual frameworks can be enhanced to incentivise innovation. In particular, how better governance structures, a creative approach to IP and data constructs, and thinking outside the box on...2023-11-2718 minThe RoadmapEp 17: Generative AI – Building complex solutionsThere’s no shortage of material on the internet about generative AI. However, in this episode of The Roadmap, we’ll be tuning-out the noise to focus on how companies are using this technology to build a new breed of business solution.Our technology experts Vik Khurana, Anneke Pol and William White give us an overview of how businesses are starting to deploy generative AI, together with a practical set of tips for any companies considering bringing generative AI into their business.Some of the questions the conversation covers include:What type of generative AI s...2023-10-0927 minYou, me & the UPCEp 3: UPC JurisdictionIn our third episode of You, me & the UPC, our patent litigation experts, Naomi Hazenberg, Charlie French and Gregory Bacon, discuss the jurisdiction provisions of the UPC Agreement and the question of long-arm jurisdiction beyond UPC territories. They explore: Which cases can be brought in the UPC?Does a patentee have to bring a claim for infringement in all territories?Why are there different divisions? Which division(s) will have jurisdiction in each case? Is the scope of relief different in the various divisions?Can UPC decisions take effect outside the UPC? What are the consequences fo...2023-09-2724 minYou, me & the UPCEp 1: UPC Basics - Part 1In our first episode of You, me & the UPC, our patent litigation experts, Naomi Hazenberg and Charlie French, provide an overview of the new UPC system, which opened its doors on 1 June 2023.They explore:What does the UPC bring to the European patent litigation landscape?Which countries will participate in the UPC, now and in the future?Which patents are covered by the new system (and which are not)?Differences between the new unitary patent and “classic” European patents.The transitional period: opt-out strategies and early opt-out figures.Looking for episode 2? Find it here2023-07-2711 minYou, me & the UPCEp 2: UPC Basics - Part 2In our second episode of You, me & the UPC, our patent litigation experts, Charlie French and Naomi Hazenberg, provide further insights and early figures for the new UPC system, which opened its doors on 1 June 2023.They explore:The different courts of the UPC: local and regional divisions, the Central Division and the Court of Appeal.The role of Milan in the re-formed Central Division.UPC judges and language of proceedings.The first cases – where they were filed and what we know so far.Note: It was announced on 22 July 2023, shortly after this episode wa...2023-07-2717 minThe RoadmapEp 16: The EU-US Data Privacy Framework – an explainerThis time on The Roadmap, technology lawyer Rob Powell chats to data privacy expert Hannah Crowther – who gives us the lowdown on the EU Commission’s decision to adopt the EU-US Data Privacy Framework – and, more importantly, what it means for you in practice.They explore:How will this impact on your review of data protection agreements?What will need to change in terms of data due diligence?When does it kick-off?Where does this leave us in terms of the Standard Contractual Clauses?How long will this latest data transfer mechanism actually last and will it be...2023-07-1916 minThe RoadmapEp 15: Generative AI - Top 5 legal risks and practical next stepsIn this episode of The Roadmap, our technology lawyers Anneke Pol, Charlie Hawes and Toby Headdon discuss some of the legal risks associated with generative AI, Large Language Models and Foundation Models as well provide some practical takeaways for those looking to implement these technologies into their organisation.The conversation covers the following legal risks:Commercially-sensitive information and confidentialityHallucinations, incorrect facts and reliance on generated contentData protectionCopyright and IP infringementRegulatory considerationsNote: All information was correct at the time of recording.Send us a textThanks for listening!2023-07-0527 minThe RoadmapEp 14: Agile methodologies – strategic (re-)thinking: Part 2In this episode of The Roadmap, our technology lawyers Alice Esuola-Grant, Adrian Sim and Jamie Cox complete our two-part series on Agile. They address Agile in the context of tech development and how Agile development projects should be approached when it comes to putting pen to paper.They explore:What Agile means in the context of tech development and what isn't Agile in this context.Some of the challenges of contracting for Agile and how those challenges can be addressed.How to balance the need for contractual certainty with the flexibility of Agile methodologiesLooking...2023-06-1217 minThe RoadmapEp 13: Agile methodologies – strategic (re-)thinking: Part 1In this episode of The Roadmap, our technology lawyers Alice Esuola-Grant and Vik Khurana begin the first of a two-part series on Agile. They address the shift to agile ways of working and the obstacles to consider when making this change in your workplace or with third party suppliers.Part one is aimed at those who would like to know:Why are Agile methodologies commonly used to deliver projects?What are some of the strategic issues to consider when deciding to use Agile internally or when working with third parties?How can you create the right...2023-06-0720 minThe RoadmapEp 12: Management of third-party IT service providersIn this episode of The Roadmap, our technology lawyers Anneke Pol and Chris Holder map out the trends they foresee for third party IT service provider deals, a sector that has really developed over the past decade and seen phenomenal growth.This episode is aimed at those who would like to know:What is the difference between outsourcing and third party IT service provider management?What types of deal shapes and structures are we seeing emerge?How could AI possibly change the way people do business and the way that lawyers document that?What are some...2023-05-0317 minThe RoadmapEp 11: Service Level Agreements - a practical guideIn this episode of The Roadmap, our technology lawyers Rob Powell and Vik Khurana discuss how to approach service levels, something crucially important but often overlooked in technology contracts.This episode is aimed at those who would like to know:As a customer, what service commitments are you actually receiving? How practical are service legal agreements (SLAs) in reality? Will they ever be triggered and do they offer a worthwhile remedy? What are the key issues to look out for from a legal perspective when reviewing SLAs?Note: All information was correct at the...2023-04-0530 min
Bristows' PodcastInterDigital v Lenovo - Initial impressionsIn this episode, Luke Maunder discusses the long-awaited FRAND judgment of Mr Justice Mellor with special guest star Dr Myles Jelf. Luke and Myles delve into the decision and set out the key information you need to know. 2023-04-0323 min
FRANDly ChatInterDigital v Lenovo - Initial impressionsIn this episode, Luke Maunder discusses the long-awaited FRAND judgment of Mr Justice Mellor with special guest star Dr Myles Jelf. Luke and Myles delve into the decision and set out the key information you need to know. Note: All information was correct at the time of recording.2023-04-0323 minThe RoadmapEp 10: Open source - audit, valuation and dealsIn this episode of The Roadmap, our technology lawyers Anneke Pol and Toby Crick, discuss open source software and highlight the importance of being conscious of what open source software your business uses, and - crucially - how it's used.This episode is aimed at those who would like to know:Why is understanding open source so important in a corporate context?What are the two main approaches to open source audits?How can open-source software affect a business's valuation?How is OSS addressed during the M&A processes?Toby is one of the pre-eminent...2023-03-0126 minThe RoadmapEp 9: Talent, people and HR issues in digital transformationIn this episode of The Roadmap, our technology lawyers, Anneke Pol and Vik Khurana, alongside employment specialist Emily Atkinson, discuss digital transformation projects from a people, talent and HR perspective.This episode is aimed at those who would like to know:The key people considerations for an in-house digital transformation projectWhat options are available if your business doesn’t have in-house tech talentHow to focus on people and talent on an outsourced digital transformation projectContractual considerations – key terms to include to address people-related issuesManaging TUPE issues at the outset of a projectNote: All...2023-02-0120 min
Bristows' PodcastFree-standing FRAND actions green litIn this quick update, senior associates and IP specialists Luke Maunder and Naomi Hazenberg discuss the recent decision in Kigen v Thales, which considers the jurisdiction of the court for a claim that included FRAND declarations that were free-standing and/or tied to declarations of invalidity and non-essentiality.2022-12-2010 minThe RoadmapEp 8: Software development - top tips for customersIn this episode of The Roadmap, our technology lawyers Rob Powell and Adrian Sim share their top tips on approaching major software development projects from a customer’s perspective. We draw on Adrian’s extensive experience to discuss some practical and realistic solutions to issues customers may commonly face on these types of projects.This is particularly aimed at those who would like to know:What are the pitfalls to look out for in a software development project?What can you as a customer do, to give yourself the best chance of a successful outcome?How can...2022-12-0724 min
Bristows' PodcastFRAND injunctions and undertakingsSenior associates and IP specialists Luke Maunder and Naomi Hazenberg discuss the development of the English FRAND injunction and the timing of when an undertaking to enter a FRAND licence is required. 2022-12-0621 min
Bristows' PodcastFRAND methodologies before the British CourtsSenior associates and IP specialists Luke Maunder and Naomi Hazenberg go back to the future to look at FRAND methodologies before the British Courts. They begin by looking at what was done in the seminal Unwired Planet case, before moving on to the detail of the unresolved issues including those that are up for consideration in the cases of InterDigital v Lenovo and Optis v Apple. For the true economics enthusiast, they also finish off with what other, as yet untested, methodologies might be lurking out there. Note: All information was correct at the time of recording.2022-11-2817 min
Bristows' PodcastHow have British Courts treated patent pools?Senior associates and IP specialists, Luke Maunder and Naomi Hazenberg, look at how the British Courts have treated patent pools, before delving into some of the issues they present in litigation. They also cover suggestions that the principle of pool licensing could apply on the other side of the fence, looking at licensing negotiation groups and approaches that seek to achieve a similar objective.Note: All information was correct at the time of recording.2022-11-1413 minThe RoadmapEp 7: Adtech agreements - key considerationsIn this episode of The Roadmap, our technology lawyers Rob Powell and Alice Esuola-Grant discuss the wonderful world of adtech deals, focusing on key considerations in adtech agreements from both a publisher and advertiser perspective.This is particularly aimed at those who would like to know:How to pragmatically approach adtech dealsKey considerations in adtech agreements from both a publisher and advertiser perspectiveTypical key negotiation points that tend to arise and how they can be resolvedNote: All information was correct at the time of recording.Send us a text2022-11-0923 min
Bristows' PodcastDisclosure & confidentiality: “If only we could have a little more transparency”"If only we could have a little more transparency" is a refrain heard by every licensor, but commercial sensitivities and confidentiality obligations/concerns abound in the FRAND space. Senior associates and IP specialists, Luke Maunder and Naomi Hazenberg, look at how the British Courts have sought to balance the right to information on comparable licences (and associated information) with the need to protect confidentiality and prevent parties from gaining an unfair competitive advantage for other licensing negotiations. Note: All information was correct at the time of recording.2022-10-3119 min