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Category Archives: IP Transactions

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IP is at the heart of life sciences innovation

In recent years, technology and innovation has advanced at an unprecedented pace. Flying taxi drones, self-driving cars and 3D-printers immediately come to mind. However, exciting progress has been made in life sciences and the healthcare sector as well. With CRISPR, bionic limbs and 3D-printed tissue, the medical sector has never been closer to eliminating disease

US: Amazon wins tax dispute over cross-border IP transfer, but favorable tax treatment may no longer be available

Earlier this year in Amazon v. Commissioner, 148 T.C. No. 8 (March 23, 2017), the U.S. Tax Court issued a 207-page decision largely upholding Amazon’s tax treatment of an intellectual property transfer in 2005 and 2006 from the U.S. to a related European corporation. Contesting Amazon’s valuation of the transferred intangibles, the Internal Revenue Service

German tax treatment of royalties regarding software license and database licenses

– Draft guidance of German Federal Ministry of Finance released for discussion purposes Yesterday the German Federal Ministry of Finance (Bundesfinanzministerium) released a draft circular on the German tax treatment of royalties paid for software and database licenses granted by non-resident licensors (the draft can be found here). The draft is highly important to clients

Hogan Lovells strengthens global M&A and technology transactions practice with market-leading Northern California team of Climan, Flaum, Ross, and Brockland

We are delighted to welcome market-leading M&A partners Richard Climan, Keith Flaum, and Jane Ross, and IP and Technology Transactions partner John Brockland, who have joined Hogan Lovells. John Brockland focuses on strategic and commercial transactions involving the development, transfer, and licensing of technology and intellectual property assets. He has represented companies in a variety of

Brexit webinar – What’s next for Life Sciences companies?

With the UK Government having issued its Article 50 notice, we are holding a webinar to further analyse the implications for the life sciences sector of the momentous decision that the UK has made to leave the EU. On 3 April 12:00 pm BST and 5 April 4:00 pm BST, our Life Sciences lawyers Charles Brasted, Elisabethann Wright, Fabien Roy, Helen Kimberley

US: Proposed “Border Adjustment Tax” could kill foreign IP holding companies

With President Trump in the White House and a Republican majority in both the House and Senate, tax reform is once again high on the agenda.  Several weeks ago, President Trump promised “a tax reform bill that will reduce our trade deficits, increase American exports, and will generate revenue from Mexico that will pay for

IP in the mix: M&A Year in Review, 2016

Around the globe and across a wide variety of industry sectors, our IP practice collaborated with our corporate and other practice areas of our firm to provide integrated legal services for our clients and friends on exciting, challenging, and innovative M&A transactions, and shared many successes throughout 2016. We are grateful that these transactions propelled us as a

Covering 3 bases on smart contracts

Lewis R. Cohen, Ira Schaefer and Ted Mlynar are quoted in this recent article on Legaltech news which takes a  look at “what makes smart contracts tick, and what new roles and skills they will demand of attorneys.” The following questions are covered: What are Smart Contracts, and How Do They Work? Can Binding Contracts Exist in

BEPS – Germany on the way to limit the tax deductibility of royalties

A new legislative approach of the German tax authorities leaked last December 19 and approved by the German government on January 25, 2017 (see German language text here) will have a significant impact on the tax deductibility of royalties owed to related persons being subject to a preferential back end tax regime for IP not

Does blockchain’s trust architecture make dumb contracts smarter?

In a thought-provoking paper presented at this year’s TPRC Research Conference on Communications, Information and Internet Policy, Internet scholar Kevin Werbach explains how the use of blockchain technology creates a new kind of trust architecture, which Werbach calls “trustless trust.” Most existing trust relationships are based on a centralized “Leviathan” trust architecture where the state

U.S. – Protecting IP in Digital Health deals

Industry sources estimate that more than $4 billion worth of deals in digital health have been signed globally this year so far, as pharmaceutical manufacturers look for “beyond the pill” solutions to medical problems, health care providers seek more efficient means to monitor their patients’ wellbeing, and technology companies aim to commercialize their products and

US-China Entertainment Law Conference

We are delighted to be sponsoring the first US-China Entertainment Law Conference on 2 November 2016 at the Loyola Law School, LA, California. This event will bring together senior policymakers, academics, business executives and international practitioners from China and the U.S. to discuss cutting-edge legal issues in the US-China film, television, music and gaming industries.

Blockchain smart contracts need a new kind of due diligence

In this post we examine the issues that can arise when recording smart contracts in an immutable system and raise the need for enhanced due diligence before any transactions are written in “blockchain stone”. “…due diligence will bring together specialized transactional lawyers who can review the terms of a specific deal, software experts who can

U.S. – DOJ and FTC propose updated Antitrust Guidelines for Licensing of Intellectual Property

On August 12, the U.S. Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) proposed updates to their Antitrust Guidelines for the Licensing of Intellectual Property (Guidelines). The agencies have not been amended the Guidelines since they were originally released in 1995. The revisions do not substantively modify the general principles of the

EU: Future-proofing privacy – A guide to preparing for the EU Data Protection Regulation

The new EU General Data Protection Regulation (GDPR) is finally with us. All change. All affected. Now is the time to pay attention. Businesses have two years to prepare for the new GDPR, which will become fully enforceable on 25 May 2018. Our Privacy and Cybersecurity team has issued an up to date practical guide,

US – Put your finger on the IP pulse: Law in The Global Marketplace Symposium

Emerging technologies. Rapidly evolving markets. Changing regulatory frameworks. Businesses around the globe are affected by these influences and intellectual property (IP) plays a central role. On 4th November, Hogan Lovells, Santa Clara University’s High Tech Law Institute, and the Berkeley Center for Law and Technology are bringing together the IP industry’s thought leaders to discuss

Spain – Hidden implications for essential assets: Amendment to the Spanish Companies Act

The Spanish Companies Act 1/2010, of 2 July 2010, was amended by Act 31/2014, of 3 December. Among the amendments introduced by the Act, there is one which may be particularly relevant for companies owning Intellectual or Industrial Property rights (e.g. patents, patent applications, know-how, trademarks, trade secrets, copyrights, etc.), without them even knowing. Pursuant