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Welcome to the MoFo Tech Blog

MoFo Tech brings together legal insights and in-depth analyses on trends and complex issues shaping the global technology industry, covering fields such as blockchain and distributed ledger, cloud and SaaS technologies, driverless cars, drones, FinTech, computer hardware and software, the IoT, semiconductors, and telecommunications.

September 08, 2021 - Artificial Intelligence, Intellectual Property
AI as a Patent Inventor – an Update from South Africa and Australia
By: Alistair Maughan, Georgia Wright and Anna Yuan
Although the European, U.S., and UK Patent Offices have denied patent applications on the grounds that an AI system cannot be listed as an inventor, not every country seems to be following that approach and some may be set to buck the trend. Last
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July 13, 2021 - Intellectual Property, European Union
Green Light for UPC
By: Wolfgang Schönig
UPC – And it got up again Having been sent down for the count by constitutional complaints in Germany, the road finally seems paved for the Unified Patent Court. On July 9, 2021, the German Federal Constitutional Court (GFCC) announced that it had dismissed
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June 22, 2021 - Intellectual Property, European Union
Recent Developments Regarding Patent Injunctions in Germany
By: Wolfgang Schönig and Robert Grohmann
The German patent system has repeatedly proven to provide reliable and effective means to enforce patent rights against infringers. There are three key reasons why the German patent system is so attractive for patentees when seeking to enforce their rights in Europe: Injunction gap:
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April 21, 2021 - Artificial Intelligence, European Union
Draft EU Regulation for Artificial Intelligence Proposes Fines of up to 6% of Total Annual Turnover
By: Christiane Stuetzle and Patricia C. Ernst
After the presentation of a general “European Approach to Artificial Intelligence” by the EU Commission in March 2021, a detailed draft regulation aimed at safeguarding fundamental EU rights and user safety was published today (“Draft Regulation”). The Draft Regulation’s main provisions are the following:
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February 10, 2021 - Privacy + Data Security, Artificial Intelligence, Litigation
The Collision of AI’s Machine Learning and Manipulation: Deepfake Litigation Risks to Companies from a Product Liability, Privacy, and Cyber Standpoint
By: Michael Burshteyn and Erin M. Bosman
AI and machine-learning advances have made it possible to produce fake videos and photos that seem real, commonly known as “deepfakes.” Deepfake content is exploding in popularity. In this article, we explore deepfake technology and the legal risks it presents to companies while providing practical
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January 25, 2021 - Privacy + Data Security, Litigation
Privacy Litigation 2020 Year in Review
By: Tiffany Cheung, Mark David McPherson and Purvi G. Patel
2020: the year that will be remembered for privacy litigation. Well, OK, maybe not. But there were many developments in privacy litigation. In this four-part series, Privacy Litigation 2020 Year in Review , we will cover the key litigation developments arising out of data
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December 15, 2020 - Intellectual Property, European Union
Huawei v. ZTE revisited – German automotive patent wars to reshape SEP litigation in Europe
By: Wolfgang Schönig and Robert Grohmann
I. Introduction On November 26, the Dusseldorf Regional Court handed down a long awaited decision in the so-called automotive patent wars (case ID 4c O 17/19). The court referred heatedly debated questions in connection with the enforcement of standard essential patents (“SEPs”) to the
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November 18, 2020 - Artificial Intelligence, Software
Recent Digital Health-Related FDA Announcements
By: Jean Nguyen Ph.D.
The U.S. Food and Drug Administration (FDA) is showing its dedication to the advancement of digital health technology with two recent announcements: a new Digital Health Center of Excellence and an update on its Software Precertification Program. Manufacturers developing mobile medical devices, software as
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November 05, 2020 - Privacy + Data Security
CPRA Passes: California Voters Approve Proposition 24
As the dust settles on the 2020 election, one result is clear: California voters have approved Proposition 24, and the California Privacy Rights Act of 2020 (CPRA) will become law. Pending official certification of the results, the initiative’s “yes” votes outnumber “no” votes by an approximately 56–44%
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October 29, 2020 - Blockchain, Mergers + Acquisitions
Blockchain M&A: The Next Link in the Chain
Dario de Martino authored the chapter, " Blockchain M&A: The next link in the chain ," in GLI's Blockchain & Cryptocurrency Regulation guide for 2021. In this chapter, Dario discusses how blockchain market participants have remained steadfast and are continuing to ride the wave of
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