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Category Archives: Unfair Competition

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Life Sciences: Spotlight interview on false advertising claims in Europe

Life sciences businesses dedicate huge resources to advertising material in a fiercely competitive market. Partner Tanja Eisenblätter discusses false advertising in this sector and why it is important for clients looking to launch new products. Preliminary injunctions in Germany Tanja presents a typical business case in which a client’s global advertising and its competitors’ advertising are assessed for misleading or unlawful content. In

Pharma advertising in Italy – Online publication of OTC medicinal products list, prices and reimbursability

The Court of Milan held in a Judgment recently handed down in the proceedings brought by Bayer S.p.a. against the generic manufacturer DOC Generici S.r.l. that online publication of over-the-counter (OTC) medicinal products in the manner specified in the proceedings is in breach of Italian law on advertising of medicinal products and amounts to an

Germany: Federal Network Agency imposes record fine for cold call advertising

The German Federal Network Agency for Energy, Telecommunications, Post and Railway, has issued a record fine of €300,000 against an electricity supplier for systematic cold call advertising. Violations of the German Unfair Competition Act (UWG) generally involve the risk of competitors seeking cease and desist orders, or consumers claiming compensation. The violation of Sec. 7 UWG

US Webinar: TCPA for the boardroom – An executive focus

Please join us on May 12 for an interactive webinar led by representatives from Hogan Lovells’ extensive Telephone Consumer Protection Act practice, including IP partner Zenas Choi. Together, they will help your executive team assess: –          Major risk drivers and key factors for strategic decision making. –          Recent litigation and regulatory developments. –          The election

US: How to avoid the FTC not “liking” your next campaign

The US Federal Trade Commission is clamping down on native advertising and the use of endorsements on social media. This article, first published in Managing IP, outlines a settlement which provides a number of lessons for brand owners. As advertisers are relying more heavily on social media platforms to create buzz around new products and services, a

Hamburg – Brands & designs update event (German language)

On 16 February, the Hogan Lovells “Marken & Designs Team” present a retrospective summaryof the decision-making practices of the German/European courts and IP offices in 2016 as part of its established brands and designs update series. In a concise and practical way, we’ll give you a comprehensive overview of the most important decisions and trends in the areas of

Vloggers now also followed by the Dutch Media Authority

Vlogging (“video blogging”) has become extremely popular over the last couple of years. It does not come as a surprise that considerably more companies seem to find their way to vlog-advertising. During her Television interview on the well-known Dutch TV Show “Kassa” of Monday 21 November 2016, Mrs De Cock Buning, chairman of the Dutch

V-log: Technical standards slipping? Unfair competition claims can come into play

In this IP Enforcement Focus v-log, we highlight the key take-aways from a recent German Supreme Court decision dealing with unfair competition claims based on non-compliance of technical standards where the specific consumer is protected. Harmonised European standards set the bar for German law in this case, meaning that the implications widen to cover a range of jurisdictions

Vietnam: New jurisdiction on LimeGreen IP Knowhow

We’ve added Vietnam to the jurisdictions on Hogan Lovells’ LimeGreen IP. You can find three new topics focused on guiding you through the following areas of IP law in Vietnam: Copyrights Protection In accordance with Vietnamese IP Law, the author and copyright holders are defined as (i) Vietnamese organizations and individuals; (ii) foreign organizations and individuals whose works to be protected were

Germany: First inroads against adblocking

Eyeo ordered on appeal to whitelist Axel Springer media for free on AdBlock Plus German media house Axel Springer has won a first significant victory in the adblocking battle that has been keeping the digital advertising industry on its toes for over a year now. Read up on the procedural history between German media houses

China proposes a revamp to its Anti-Unfair Competition Law

IP: streamlined and modernized On 25 February 2016, the Legislative Affairs Office of the State Council issued a new draft of the amended Anti-Unfair Competition Law (“Draft“) for public comment. The Draft entails an important overhaul of the current law, which was first enacted in 1993. It aims to bring the Anti-Unfair Competition Law (“AUCL“)

Europe – False Advertising : Avoiding pitfalls in the Life Sciences sector

With advertising high on the agenda for Life Sciences companies, but litigation a real threat, we have published guidelines for companies looking to advertise in this highly regulated industry. Globalization and rationalization have made it increasingly common for companies to develop and implement cross-border marketing campaigns encompassing several jurisdictions. Successful advertising often depends on making

China: Every word counts – Shanghai released typical cases of illegal advertisements in 2015

The Shanghai Administration of Industry and Commerce (“Shanghai AIC”) recently released its report concerning the enforcement of the Advertising Law in 2015. According to the report, the Shanghai AIC handled 1,983 cases involving illegal advertisements and handed down penalty decisions for these cases including accumulated fines of RMB 55.57 million (approximately US$ 8.4 million). The

Most recent Chinese ‘ad block’ judgment affirms ad-based revenue model for Internet businesses

On 14 October 2015, a local court in Shanghai adopted the latest in a series of judgments on the legality of software and other technical measures that block or skip advertisements on digital platforms. In its judgment, the Shanghai Yangpu District People’s Court found that Juwangshi Technology Corporation (“Juwangshi“), a video streaming service aggregator, had

Germany/Hamburg – Unfair Competition seminar: The state-of-play in Germany spotlighting online cases

Client seminar with guest speaker of the German Centre for Protection Against Unfair Competition (Wettbewerbszentrale – Zentrale zur Bekämpfung unlauteren Wettbewerbs e.V.) On 17 November 2015 a client seminar on recent developments in Unfair Competition Law will take place in the Hamburg office of Hogan Lovells. A director of the German Centre for Protection Against

China’s SAIC tightens its grip on online advertising in its newest Draft Measures

Given the lower level of government scrutiny and the widespread use of (mobile) internet, online advertising has become very popular in China. However, in the wake of China’s new Advertising Law, the State Administration of Industry and Commerce (‘SAIC’) has now turned its attention to the online environment, recently issuing its Draft Interim Measures for

China: SAIC enacts IPR abuse regulation

On 13 April 2015, the State Administration for Industry and Commerce (“SAIC“) released the Regulation on the Prohibition of Conduct Eliminating or Restricting Competition by Abusing Intellectual Property Rights (“SAIC IPR Abuse Regulation“). The regulation is dated 7 April, and will enter into force on 1 August 2015. The SAIC IPR Abuse Regulation implements the

China Slaps Record Fine on False Advertising – Draft Advertising Law stimulus for tougher stance?

Background of the case A toothpaste television advertisement was hit with a record fine of RMB 6.03 million (approximately US$0.96 million) for violating the Advertising Law in China. According to a recent report from the Shanghai AIC published last week, the television advertisement showed a Taiwanese celebrity showing off her teeth and boasting that they