Soft Focus

As the legal landscape continues to evolve across jurisdictions, we bring together current developments and practical analysis to help you track key developments in trade marks, designs and copyright, and to understand their implications for rights holders, brand owners, creators and businesses operating internationally.

In this issue, we examine key rulings on trade mark distinctiveness and deceptiveness, including guidance on portrait marks and heritage branding. We report on the latest EU design law reforms taking effect in July 2026, clarification from the European Court of Justice of the pastiche exception in copyright, and the UK Government’s report on copyright and AI. You will also find analysis of national developments spanning trade mark enforcement coexistence disputes, design validity challenges, private copying levies, and emerging collective licensing schemes for AI training.

We also highlight regulatory and legislative changes affecting brand owners, designers, creators, and businesses operating across sectors from fashion and technology to media and consumer goods. Read on for highlights of the developments shaping the soft IP landscape and the practical issues they raise for those managing, protecting and enforcing intellectual property rights. If you would like to subscribe to Soft Focus and receive future editions directly, please click the ‘Subscribe’ link at the foot of this page.

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With thanks to the following key contacts who contributed to this edition in addition to those featured below: 

• Ruth Hoy
• Huw Cookson
• Lisa Highet
• Dan Jackson
• Bas Peper
• Sophie Wiegant
• Roosa Teittinen
• Kristiina Laitimo
• Melanie Dubreuil-Blanchard
• Francesca Arangino
• Nicola Lattanzi
• Giuseppe Rizzo
• Marta Diaz Gonzalez
• Eduardo Buitron
• Francisco Lopez Blanco
• Tiffany Chu