International Trade Communications & Media

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Cyberliability Developments in the Offshore Jursidictions

The offshore jurisdictions are catching up fast with legal issues relating to cybercrime, cyberliability, and the use and discovery of electronic documents. In the wake of the embarrassing leak in April 2013 of about...more

Changes of the Amended Regulations on Supervision and Administration of Medical Devices

The Regulations on Supervision and Administration of Medical Devices was amended and promulgated by the State Council on March 7th, 2014, effective June 1st, 2014. The last version is from 2000. The following highlights the...more

Bill C-31 Proposes Major Changes to Canada's Trade-marks Act

The Federal Government recently introduced Bill C-31, the Economic Action Plan Act 2014, No.1. Bill C-31 is an omnibus bill which makes changes to nearly 40 different pieces of legislation. Among these amendments are changes...more

The British (Financial Regulatory Principles) Are Coming!

Regulation of financial products and services in the U.S. historically has relied on rules-based regulatory policy, governing business processes including disclosures relating to terms, pricing, structure and marketing. The...more

EU High Court Strikes Down Data Retention Law

On April 8, 2014, the highest court in the European Union invalidated an EU law that required telephone and electronic communications providers to retain user data for up to two years....more

Law À La Mode - Issue 13 - April 2014

In This Issue: - PRIVACY BY DESIGN? FASHION FLAIR TRANSFORMS WEARABLE TECHNOLOGIES: The rise of the wearables – and the data protection challenges they bring - EFFECTIVELY DELIVERING IT SERVICES IN THE RETAIL...more

Sport, Media, and Entertainment Intelligence - April 2014

Spanish Supreme Court orders Le Monde to pay damages to Real Madrid and FC Barcelona - The Spanish Supreme Court has ordered French daily newspaper Le Monde to pay damages of €300,000 to Real Madrid and €15,000 to FC...more

#HackTelecomMexico Telmex on TV: Damned if you do, damned if you don’t

For over 20 years, Telmex has been restricted from the TV services. During last 6 years, this debate grew in importance, but the dilemma remains intact: Should Telmex be allowed to enter TV market? If so, under which...more

International Trademark Registration

Is your brand expanding outside the U.S.? Do you need an international trademark registration? The process can confusing to say the least. Here are some basics you need to know....more

EU High Court Overturns Telecom Data Retention Requirements

The Court of Justice of the European Union, the highest court in the EU, declared the EU’s 2006 Data Retention Directive invalid in a judgment issued on April 8, 2014. The directive, which has been implemented via national...more

Net Neutrality in the EU – latest status

The European Parliament has (on 3rd April) voted (at first reading) on a legislative proposal which includes new rules on “net neutrality”. The text of this is not yet available in English but this note is based on our own...more

EU makes waves by casting the net of neutrality

On Thursday 3 April 2014, the European Parliament voted to adopt net neutrality. The principle of net neutrality is that all data on the internet is to be treated equally, regardless of platform, application, source or user....more

European Court Of Justice Declares Data Retention Directive Invalid

The Directive requires public electronic communications providers to retain certain communications data (essentially traffic data) to help in the fight against serious crime. It came into force in 2006 after a number of...more

ITC Reasserts Jurisdiction over Electronic Transmissions in Digital Models

On April 3, 2014, the International Trade Commission (the ITC or the “Commission”) released an opinion in In the Matter of Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental...more

How Will ITC Confirmation That It Has Jurisdiction Over Digital Imports Impact Software and Media Industries?

The International Trade Commission (ITC) issued its much-awaited decision in Certain Digital Models today, affirming in a decision with important implications for the software and media industries that digital importation is...more

ITC Says the Importation of Digital Data Can Constitute Importation of a Patent-Infringing Product

On April 3, 2014, the United States International Trade Commission affirmed that the importation of digital data via electronic transmission can constitute “importation” of a patent-infringing product in violation of Section...more

“River Crabbing” Chinese Search Engine Battles for Freedom of Expression in the U.S.

In 2004, the Chinese Communist Party announced a new national goal of building a “Harmonious Society.” Since then, this goal has often been cited by the Chinese government as a reason for Internet censorship. In Mandarin,...more

Preliminary opinion on privacy and competitiveness of big data issued by EDPS

The European Data Protection Supervisor (EDPS) has issued a preliminary opinion that addresses some of the issues and convergences in EU data protection, consumer protection and competition laws that are not up to date with...more

Taking The Leap: Bringing A Foreign Brand To The United States

Increasingly, franchise concepts that begin in one country soon find that expansion involves not only domestic growth, but also development in other jurisdictions including the United States. Over the past decade, advances in...more

No surprises as CJEU upholds website blocking injunctions

The Court of Justice of the European Union (the CJEU) last week upheld the system of website blocking injunctions in place in Austria, following a reference from the Austrian Supreme Court in the case of UPC Telekabel v...more

The Umpire Strikes Back: European Court Rules That ISPs Can Be Forced to Block Pirate Websites

On March 27, 2014, the highest court in the European Union—the Court of Justice for the European Union (CJEU)—decided that copyright owners have the right to seek injunctions against Internet service providers (ISPs)...more

Australian Businesses Supplying Electronic, Telecoms And Broadcasting Services To EU Customers Need To Be Aware Of Changes To EU...

EU VAT CHANGES FOR E-COMMERCE SERVICES - Australian e-commerce businesses that supply services to European customers need to be aware of important "value added tax" ("VAT") changes that will apply across the European...more

Mark It to Market - March 2014

In This Issue: - MARCH MADNESS - A Reminder - Changes to China's Trademark Law - INTA Annual Meeting - Hong Kong - gTLD Sunrise Periods Now Open - The March issue of Sterne Kessler's Mark It to MarketTM...more

Orrick's Financial Industry Week in Review - March 31, 2014

Fed Issues a Report on Mobile Financial Services - On March 25, the Fed issued a report on the use of mobile phones to obtain financial services. Last year, 33 percent of all mobile phone users and 51 percent of...more

Copyright: Europe Explores its Boundaries: Part 1: Link Hubs

This year, as the world celebrates the 25th anniversary of the World Wide Web, the Web’s founder, Tim Berners-Lee, has called for a fundamental reappraisal of copyright law. By coincidence, this year we also anticipate a...more

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