As automobiles are becoming part of the Internet of Things, “connected” technologies are increasingly deployed to enhance the safe operation of autonomous vehicles. These “intelligent” vehicles rely on an ecosystem of proprietary and third-party components to gather, analyze and react to data from both inside and outside the vehicle. In order to reduce costs, accelerate development and enhance the interoperability of connected technologies and applications, automakers Continue Reading Evaluating Open Source Software to Build a Connected Autonomous Vehicle

The UK government has published a series of four technical notices on intellectual property in the event of the UK leaving the EU on 29 March 2019 without an agreement (a ‘no deal Brexit’).  The technical notices were published on 24 September 2018 and cover: Trade marks and designs; Patents; Copyright; and Exhaustion of intellectual property rights. The notices set out the UK government’s Continue Reading A ‘No Deal Brexit’ and its Affects on IP

On 6 September 2018, the German Federal Patent Court denied an application for a (preliminary) compulsory license under a patent related to the treatment of cholesterol-related disorders to the Applicant, group companies of a French pharmaceutical company (Case 3 LiQ 1/18). This decision is in line with previous jurisprudence of the court that has, with very few exceptions, been Continue Reading German Federal Patent Court Denies Compulsory License on Anti-Cholesterol Drug Patent

On 13 September 2018, institutions in the European Union (EU) started negotiations to reach a final agreement on the EU Cybersecurity Act (Act). When adopted, the Act will create EU cybersecurity certification schemes for ICT products (i.e., hardware and software elements of network and information systems); services (i.e., services involved in transmitting, storing, retrieving or processing information via network and information systems); and processes (i.e., Continue Reading The Clock Is Ticking: Negotiating an Enhanced EU Cybersecurity Framework

On 16 July 2018, the District Court of Gießen, Germany, ruled that a custodian’s representation rights also cover consent to data processing activities related to the person under custodianship. Under the EU General Data Protection Regulation (GDPR), the processing of personal data is, in principle, prohibited unless there is a legal basis for such processing. Pursuant to Art. 6 para. 1 lit. a) GDPR, one possible legal basis is the data subject’s consent. However, the legitimacy of a declaration of consent may be in doubt if Continue Reading German Court Issues GDPR Ruling on Data Subject’s Consent for Persons Under Custodianship

Pursuant to the “license barrier” rule in Sec. 4j German Income Tax Act, newly introduced as of 1 January 2018, arm’s length business expenses of a company incurred for the right to use intellectual property (“IP”) and certain other rights are not fully deductible from the income tax base, if (i) the corresponding licensing income of the licensor is taxed at a rate lower than 25% (“Preferential Taxation”), (ii) this low tax rate is not the standard tax rate applicable in the respective jurisdiction Continue Reading Limited German Tax Deductibility of Low-Taxed License Payments Made to Related US Entities

According to media reports, the first cease-and-desist letters have been issued in relation to alleged violations of the EU General Data Protection Regulation (GDPR). The cease-and-desist letters seem to concern, inter alia, data protection declarations on websites. In particular, the letters seem to address specific website tools (e.g., Google Fonts, Like buttons) and whether their use and description in the data protection declaration is compliant with the GDPR. Continue Reading German Legislature Announces Plans to Prevent Abusive GDPR Cease-And-Desist-Letters

Aktuellen Presseberichten zufolge sind erste Abmahnungen aufgrund von behaupteten Verstößen gegen die EU Datenschutzgrundverordnung (DSGVO) ergangen. Die ergangenen Abmahnungen betrafen etwa Datenschutzerklärungen auf Web-Seiten; im Konkreten die datenschutzkonforme Einbindung und Beschreibung von bestimmten Tools (bspw. Google-Fonts, Like Buttons). Continue Reading Deutsche Gesetzesinitiativen wollen rechtsmissbräuchliche DSGVO-Abmahnungen verhindern

On 12 June 2018, the Court of Justice of the European Union (CJEU) ruled that Christian Louboutin’s red sole trademark was valid (Case C-163/16). The decision comes after years of litigation between Louboutin and Dutch footwear company Van Haren over the scope and validity of Louboutin’s trademark. Continue Reading Court of Justice of the EU: Louboutin’s Red Sole Trademark Is Valid

On 29 May 2018, only five days after the GDPR became applicable, the Regional Court of Bonn issued the first ruling applying the GDPR in Europe (file no. 10 O 171/18). The dispute involved the Internet Corporation for Assigned Names and Numbers (ICANN) and the ICANN-accredited registrar EPAG Domainservices GmbH (EPAG).

Continue Reading First Decision Applying the GDPR Issued by the Regional Court of Bonn (Germany)