IP Protection Post BREXIT Part 2: A Right-by-Right Analysis
- Progress is being made regarding the protection of intellectual property (“IP”) rights in a post-BREXIT scenario on both sides of the English Channel. With BREXIT fast approaching, the European Union (“EU”) and the United Kingdom (“UK”) have been pushing things forward at the negotiator... ›
IP Protection Post BREXIT Part 1: A Right-by-Right Analysis
By: Wolfgang Schönig, Sana Ashcroft and Robert Grohmann
Progress is being made regarding the protection of intellectual property (“IP”) rights in a post-BREXIT scenario on both sides of the English Channel. With BREXIT fast approaching, the European Union (“EU”) and the United Kingdom (“UK”) have been pushing things forward at the negotiators... ›European Parliament Voted 318 to 278 Against the Amendment Proposal for a Copyright Directive for the Digital Single Market
By: Kristina Ehle
On July 5, 2018, the European Parliament rejected the proposed amendments to the new Copyright Directive: Article 11, which attempts to protect press publications from impermissible digital use, and Article 13, which attempts to protect online content from impermissible use by online content-sharing service... ›Copyrights, Internet: YouTube Decision May Obligate Content Check on Upload
By: Christiane Stuetzle and Christoph Wagner
On June 6, 2018, the Commercial Court of Vienna decided in favor of private broadcaster Puls4 and determined that YouTube qualified as directly liable for copyright infringing video uploads of its users. If maintained, the decision would obligate YouTube (and indirectly other major online... ›Turn On, Tune In, and Drop Out? BREXETING UK Signs up for the UPC, Whilst Germany Is Lingering to Ratify
By: Wolfgang Schönig and Robert Grohmann
The Unified Patent Court (“UPC”) will be a Court common to 25 Member States of the European Union (“EU”) (currently including the UK) and thus be part of their judicial system. The Court will have exclusive jurisdiction over traditional European patents (a bundle of... ›German draft bill on the implementation of the EU Trade Secrets Directive
By: Wolfgang Schönig
Summary The European Union is finally making significant progress in implementing the first pan-EU trade secrets protection rules. The EU’s largest country, Germany, has published its long-awaited draft bill setting out how it proposes to implement trade secrets protection. The EU directive on trade... ›Supreme Court IP Decision Preserves Inter Partes Review Process
By: Matthew I. Kreeger, Mehran Arjomand, Brian R. Matsui and Seth W. Lloyd
After the biggest challenge yet to the Patent and Trademark Office’s popular inter partes review proceedings, the name of the game is largely “same old” for today’s Supreme Court decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC , No. 16-712. The... ›End of Year Wrap-Up: 2017's Hottest Patent Decisions
By: Richard S.J. Hung
This year’s notable U.S. Supreme Court patent decisions include opinions that: make it more difficult to file patent cases outside a domestic defendant's state of incorporation; prevent defendants from asserting laches as a defense within the six-year statute of limitations period; hold that supplying... ›Regulatory Changes Ahead: The 2018 Landscape for Technology Businesses in Europe
By: Alistair Maughan
The European Union’s annual Work Programme states that, in 2018, the European Commission will prioritize the following technology issues: Establishing a regulatory framework for online communications; Reforming copyrights in the digital single market (DSM); Regulating contracts that concern the supply of digital content; Preventing... ›ECJ Strengthens Position of Media Industry in Fight Against Piracy
By: Christoph Wagner and Patricia C. Ernst
The European Court of Justice (ECJ) issued the Filmspeler judgement on April 26, 2017, favorable to the media industry, on the liability of sellers of set-top boxes with pre-installed add-ons enabling illegal access to motion pictures, Pay-TV, and SvoD platforms (“loaded Kodi boxes”). This... ›