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)

On 25 May 2018, the General Data Protection Regulation (GDPR) of the European Union entered into force, accompanied by some uncertainties regarding its application. For example, some legal commentators believe there are “irreconcilable” differences between blockchain technologies and some of GDPR’s core principles, raising doubts as to whether the technology can achieve widespread adoption under the new data protection regime.  Continue Reading GDPR Implications for Blockchain and Distributed Ledger Technologies

The European Union (“EU”) General Data Protection Regulation 2016 (“GDPR”) entered into effect on 25 May 2018. A brief summary of the GDPR can be found in our Legal Update.

Organisations in Hong Kong may need to comply with the GDPR if it (1) has an establishment in the EU, where personal data is processed in the context of the activities of the establishment, regardless Continue Reading Privacy Commissioner for Personal Data Issues Booklet on how Hong Kong Businesses Should Prepare for GDPR

In preparation of Brexit, the European Commission published its Draft Withdrawal Agreement on 28 February 2018, which sets out the arrangements for the withdrawal of the United Kingdom (UK) and Northern Ireland from the European Union (EU). Title IV of the Withdrawal Agreement is in Articles 50 to 57 suggesting a framework for continued protection of intellectual property in the United Kingdom after Brexit. Continue Reading BREXIT – Commission consistent with IP industry demands

Back in 2015 Constantin Film AG, the production company of the German movie „Fack ju Göhte“, filed an European Union trademark application (“EUTM”) for its movie title „Fack ju Göhte“ with the European Union Intellectual Property Office (“EUIPO”). The EUTM application was refused by the EUIPO based on an alleged infringement of public policy and common decency. On top of that, EUIPO was of the opinion that the title of the movie is an offensive insult that would damage the German highly respected writer Johann Wolfgang von Goethe posthumously. Constantin Film’s appeal against this decision was also not successful, so that they now brought that case before the General Court of the European Union. Continue Reading The General Court of the European Union Rules on the Immorality of the Movie Title „Fack ju Göhte“

The Regulation (EU) 2017/745 on Medical Devices (MDR) entered into force in 2017. Although most of the provisions will only apply as of 26 May 2020, the time for impact assessments, such as content-related evaluations of the new legal text and approaches to the implementation of the MDR has begun. On 13 November 2017, the EC published its first roadmap for the implementation of the MDR.

This article written by our lawyers Geneviève Michaux and Chistoph J. Crützen highlights the key dates for the MDR and explains the roadmap towards implementation.