Brexit is finally here. The United Kingdom leaves the European Union on 31 January 2020. The EU and the UK will now enter a transition period which is scheduled to last until 31 December 2020. During this time, the UK will continue to abide by the EU laws, be subject to the rulings of EU courts, and contribute to the EU budget. Hence, the status quo will essentially remain unchanged during the transition period. The aim of the transition period is to provide enough time for the final wave of negotiations between the UK and EU to Continue Reading Brexit – What Does it Mean for Businesses from an IP, Tech and Privacy Perspective?
Ongoing public consultations from the World Intellectual Property Organisation and others demonstrate a focus by IP policymakers on better understanding issues posed by artificial intelligence. In our newest Legal Update, we outline some key issues in relation to copyright ownership in AI-generated works and inventorship and ownership challenges for patent protection in AI-generated inventions. For more information, read our latest Mayer Brown Legal Update on these topics.
In addition to obvious examples of original art such as paintings, music and poetry, copyright protection can, inter alia, also extend to nonfictional literature such as technical reports and expert opinions. In several cases, the District Court and the Higher District Court of Cologne as well as the Court of Justice of the European Union (CJEU) confirmed that even scientific expert opinions or military mission reports which merely reproduce facts or findings can be subject to copyright protection. Continue Reading CJEU and German Courts Rule on the Copyrightability of Non-Fictional Literature
On 1 October 2019, the Court of Justice of the European Union (CJEU) ruled on a number of questions which, inter alia, relate to the validity of consent to cookies “by way of a pre-checked checkbox” (Case C 673/17). Although the questions referred to the CJEU primarily related to provisions of the Privacy and Electronic Communications Directive (2002/58/EG), the CJEU stated that the questions must be answered also in regard to the EU General Data Protection Regulation (GDPR). Continue Reading Court of Justice of the EU: A “Pre-Checked Checkbox” Is Not Valid Consent to Cookies under the GDPR
According to recent press reports, the German data protection authorities have agreed on a new way to calculate administrative fines under the General Data Protection Regulation (“GDPR”). The new scoring model, which has not yet been officially published, could make fines of tens of millions of euros a reality in Germany. In contrast to their French and UK counterparts, Germany’s data protection authorities have so far been more restrictive in imposing GDPR fines. Continue Reading German Data Protection Authorities Agree on New GDPR Fining Model
On 29 July 2019, the Court of Justice of the European Union (CJEU) ruled on the copyright implications of sampling in music and established criteria as to when sampling falls within the scope of artistic freedom. Sampling is taking a portion of a sound recording and reusing it in a different song. The case was brought before the CJEU following a two-decades-long legal dispute between German electro-pop band Kraftwerk and German producer Moses Pelham. Continue Reading Court of Justice of the EU Rules on Copyright Implications of Sampling in Music
On 2 January 2018, the Standardization Administration of China (“SAC”) released the final draft of “Information Technology – Personal Information Security Specification” (National Standard GB/T 35273-2017) (GB/T 35273-2017 信息安全技 术个人信息安全规范) (“Specification”). The Specification came into effect on 1 May 2018. The Specification sets out the recommended practices on personal information protection. Although the Specification is not legally binding, compliance is expected by the PRC authorities and may be taken into account when assessing a company’s compliance with related laws (e.g. China’s Cybersecurity Law). Continue Reading Safe As Houses – The PRC Issues Revised Draft of the Personal Information Security Specification
In the world of intellectual property rights, there are cracks the law doesn’t reach—areas that do not sit squarely within copyright, patent, or trade secret law. Data is one of those areas. To protect their investments in data, businesses must mortar over the gaps. As part of our Technology Transactions Webinar Series, we will discuss the trowels for the job. The webinar will take place on Tuesday, July 23, 2019, 11:00 a.m. – 12:00 p.m. EDT. Continue Reading Webinar Series: IP Rights for Data—Mortaring Over the Cracks
In its second statement of intent of the week, on 9 July 2019, the UK’s Information Commissioner’s Office (“ICO”) announced its intention to fine Marriott International, Inc (“Marriott”) £99.2m under the General Data Protection Regulation (“GDPR”) for a personal data breach that occurred in relation to the Starwood guest reservation database system. Continue Reading UK ICO Intends to Fine Marriott over £99m for Personal Data Breach under the GDPR
The revised Trade Mark Law was enacted in 2014 to much fanfare, as it included important new provisions targeting bad faith applications by trade mark hijackers, a recurring problem that has plagued brand owners in China. Unfortunately, in the 5 years since the enactment, the new provisions have done little to reduce trade mark hijacking activity and the onus has remained with brand owners to oppose or invalidate hijacked marks. Continue Reading New Measures to Target Bad Faith Trade Mark Applications in China