The EU AI Act, which was passed by the European Parliament on 13 March and is set to become law later this year, will probably be the world’s first legislation to introduce a general regulatory framework for artificial...more
3/25/2024
/ Artificial Intelligence ,
Cybersecurity ,
Distributors ,
EU ,
Importers ,
Innovation ,
Innovative Technology ,
Machine Learning ,
Manufacturers ,
Proposed Regulation ,
Regulatory Oversight ,
Risk Assessment ,
Risk Management ,
Technology Sector
The United Kingdom Supreme Court (the ultimate appeal level in the UK legal system) has ruled in a decision of 20 December 2023 that an artificial intelligence (“AI”) system cannot be identified in a patent application as the...more
1/8/2024
/ Artificial Intelligence ,
Consultation ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Machine Learning ,
Patent Applications ,
Patent Litigation ,
Patents ,
Technology Sector ,
UK ,
UK Supreme Court
On 10 July 2023, the European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework (“DPF”). The adequacy decision is designed to relieve U.S.-based businesses and other institutions and...more
Since the emergence of the Internet, under current European Union rules, services that host user-generated or user-contributed content have enjoyed legal immunity from liability, provided they take down unlawful content once...more
1/9/2023
/ Content Publishing ,
Corporate Counsel ,
Digital Platforms ,
Digital Services ,
EU ,
Immunity ,
Online Platforms ,
Regulatory Oversight ,
Search Engines ,
Social Media ,
UK ,
User-Generated Content
The European Union (“EU”) has shaped and developed Intellectual property (“IP”) policy extensively over the years. IP law in EU member states is today largely a matter of EU law. Key areas of IP are dominated by EU rights and...more
On 11 November 2020 the draft National Security and Investment Bill, the “NSI Bill” was published. The NSI Bill would introduce a new statutory regime granting the “Secretary of State” for Business, Energy and Industrial...more
In a dramatic and widely reported decision of 12 July 2020 in the case known as Schrems II (Data Protection Commissioner v Facebook Ireland Ltd), the Court of Justice of the European Union (“CJEU”) invalidated the decision of...more
The priority of any brand owner is to protect their marks in relation to the core activities of the business. Many companies however seek broader trade mark protection for a wide range of ancillary products and services...more
Now that the political rollercoaster of the past 3 years over Brexit has drawn to a close with the UK electorate falling firmly behind Boris Johnson and a Conservative Party determined to leave the European Union (EU) with no...more
1/27/2020
/ EU ,
European Union Intellectual Property Office (EUIPO) ,
Intellectual Property Protection ,
Member State ,
New Legislation ,
Trade Agreements ,
Trade Negotiations ,
Trademarks ,
Transitional Arrangements ,
UK ,
UK Brexit ,
Withdrawal Agreement
Earlier this week, the Court of Justice of the European Union, perhaps for the first time, drew a territorial limitation to the requirements imposed under the General Data Protection Regulation (‘GDPR’). The court held that...more
9/26/2019
/ Corporate Counsel ,
Cross-Border ,
EU ,
General Data Protection Regulation (GDPR) ,
Google ,
Jurisdiction ,
Member State ,
Personal Data ,
Privacy Laws ,
Right to Be Forgotten ,
Search Engines
The European Union’s highest court will have another opportunity to consider the issue of the liability of online platforms for copyright infringing content uploaded and shared by users. Two referrals from national courts...more
9/5/2019
/ Austria ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Digital Single Market ,
E-Commerce ,
EU ,
EU Directive ,
Germany ,
Member State ,
New Legislation ,
Online Platforms ,
Online Videos ,
The Copyright Act ,
YouTube
The English courts have traditionally been a popular forum for defamation claims, not least because English law allows even non-residents who have minimal reputation in the UK to sue for defamation in the English courts and...more
When the European Union Intellectual Property Office (EUIPO) last week revoked the EU trade mark registration for the mark ‘BIG MAC’, following a challenge brought by an Irish fast-food chain, SUPERMAC’S, it was hailed by the...more
For our U.S. readers with Thanksgiving and food still on their minds, the TMCA thought it would be timely to comment on recent news from Europe about cheese. The Court of Justice of the European Union (“ECJ”) held that there...more
The EU General Data Protection Regulation (GDPR), which is billed as the most important development in data privacy regulation in at least 20 years, arrived with a bang in May of this year and companies have been scrambling...more
On 12 September 2018, the EU Parliament adopted a revised draft of the directive on Copyright in the Digital Market. The proposed legislation includes some significant changes to the copyright regime and a couple of surprise...more
Many IP owners wonder what they need to do to ensure the continued protection of their EU trade marks and Community Registered Designs after Brexit. Some attorneys, since the referendum, encouraged clients to file in the UK...more
Social media is an important marketing channel for many organisations. It is also a convenient way by which marketers can learn about customers, through data collected when they use social media channels....more
On 21 June 2018, the legal affairs committee of the EU Parliament approved the much debated Copyright In the Digital Single Market Directive. It is a short step now before the Parliament itself approves the directive, which...more
Three recent cases demonstrate that data privacy enforcement is on the rise in the United Kingdom. These and similar cases signal a new direction in enforcement action suggesting higher penalties, more frequent prosecutions...more
In a recent case brought in a California court, the professional networking service LinkedIn asserted its right to protect its users’ privacy expectations against a third party interloper that claims the right to collect...more
In what is perhaps the most important development in English law of the last decade in this area of interpretation of patent claims and patent infringement, the UK Supreme Court gave new life to the doctrine of equivalents in...more
In the UK, you can be. But the law is about to change and will become much clearer. New legislation will make life a bit easier for IP owners who seek legitimately to enforce their rights....more
A recent ruling of the Advertising Standards Authority (ASA) in the U.K. highlights the global crackdown on sponsored posts that do not make clear that they are advertising.
A complaint was filed with the ASA about an...more
A proposal for new e-Privacy legislation by the European Union may have a significant impact on businesses that wish to rely on use-generated data such as meta-data collected from users of mobile devices.
Mobile...more