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LimeGreenIP News

Italy: Double win in TopLegal awards

Partner Luigi Mansani receiving the award

We are very pleased to announce our awards in Monday’s TopLegal awards for the following two categories:

  • Best IP Law Firm,
  • Best Independent Authorites/Regulatory Law Firm

This confirms the excellence of our well known IP team in Italy and we are excited also to have been awarded for our regulatory activity in relation to advising the EU Single Resolution Board and our continued assistance to independent financial regulators on Brexit matters.


For more information on our work in Italy, please contact the IP-BD team and check out our Integrated IP Enforcement guide covering cross-jurisdictional strategy including Italy.

Every bit counts: Could Blockchain be a solution for e-mobility?

Does blockchain technology open up new avenues in the field of electromobility? Can decentralized processes that are controlled by a large network be used to convert individual mobility on the road to electrified vehicles and sustainable energy resources? These questions are the starting point of the following blog post of our series on blockchain. In addition to smart contracts, which we discussed in the last blog post, electromobility is another field in which technical innovation and intelligent billing processes can bring significant value via blockchain.

Electromobility

In general, electromobility means the use of electrified vehicles for individual mobility. It relies on a form of power based on the storage of energy in memories (batteries) installed in the vehicle, possibly as hybrid supplementation to an internal combustion engine. Thus, electromobility is a key element of a sustainable and climate-friendly transport system based on renewable energies. Despite the primary advantage – reducing emissions – there are some disadvantages for the consumer. The main issue is “range”, the distance an electrical vehicle can cover with one charge/fill, which is still restricted compared to vehicles with an internal combustion engine. Depending on the model and the driving style, this is sometimes only 100 kilometres. Long battery charging time is another negative aspect. It is therefore necessary to create an infrastructure, away from home and the workplace, which allows continuous recharging of batteries – where the vehicle is in a position to be on the spot for longer periods of time.

Where could blockchain come into play?

Short-term charging while out on the road is another consideration and here it is likely that operators of the charging stations will have to foot the bill for construction and operation of the infrastructure. Interesting concepts are currently being developed here which aim to make the infrastructure financially viable. Continue Reading

Hogan Lovells Comes to Taiwan To Help Financial Supervisory Commission

Partner Ted Mlynar, senior consultant Amelia Lin, Dr. Zheng-yi Shon, Dean of the School of Management of Tainan University of Technology, and representatives from Microsoft and Acer in Taiwan, visited Wellington Koo, Chairman of the Financial Supervisory Commission (FSC) and his staff to discuss accelerating the pace of development of Taiwan’s financial technology.

Dr. Shon noted that the Taiwan government should create a financial regulatory sandbox that extends beyond the traditional financial and economic framework and that Taiwan can learn about the latest development in foreign sandboxes, and avoid unnecessary mistakes in its own sandbox activities, through consultation with international law firms. Ted’s invitation to speak to the FSC was based on Hogan Lovells’ global expertise in regulatory sandbox issues.

Ted commented that in addition to sharing world-class sandbox design know-how with the FSC, we are able to provide particular insights regarding the success and failures experienced in sandboxes in other countries.  Where the requirements of some countries are set too high, they may have not been able to attract truly disruptive financial innovators, but only encourage business model innovation and not real financial technology innovation.

Ted believes that Taiwan’s sandbox should be designed so that companies interested in international financial innovation will be interested in coming to Taiwan.  Hogan Lovells will be introducing cross-border teams to assist in Taiwan and enhance its business opportunities.

Overall, Ted accentuated that although Taiwan is not a purely finance-centric economy, it can still play a key role on the world stage.  Although it is starting later than others in the region, by learning from others’ experiences, Taiwan can proceed more quickly to develop and implement a world-class sandbox environment.

Brexit Bill – Impact on patents

The UK government’s draft EU Withdrawal Bill (the “Brexit Bill“) aims to incorporate EU directives and regulations into UK domestic law in their current form immediately following Brexit (“Retained EU Law“).  This article considers the impact the Brexit Bill will have on some key patent issues.

The Brexit Bill and EU Decisions

In addition to transposing EU legislation into domestic law, the Brexit Bill also provides that pre-Brexit case law of the European Court of First Instance and the Court of Justice of the EU (CJEU)(“EU Decisions“) will remain applicable to interpretation of Retained EU Law.  This is, however, subject to the important caveat that the UK Supreme Court will not be bound to follow such EU Decisions.  Therefore, in time, there is scope for interpretation of Retained EU Law to diverge from the EU interpretation (although UK courts will retain discretion to have regard to post-Brexit EU Decisions).  It is important to note that, while the Brexit Bill purports to maintain the status quo in relation to the application of EU law in the UK, it cannot require EU member states to continue to recognise acts carried out in the UK under Retained EU Law.

The Brexit Bill & Patents

The Brexit Bill will have a limited impact on patent issues because patent law is mostly laid down outside the framework of the EU, either by the European Patent Convention (EPC)(an international treaty) or by national law.

However, there are a number of niche areas of patent law that are currently governed by EU law, and which would consequently be impacted by the Brexit Bill.

Supplementary protection certificates (SPCs): SPCs Continue Reading

Interview: Emerging issues in the connected cars and autonomous vehicles market are influencing SEPs and IP transactions

In this hoganlovells.com interview, partner Celine Crowson addresses the relationship between standard-essential patents (SEPs) and the connectivity technologies used in connected and autonomous vehicles (AVs).

She discusses the increased exposure of automotive manufacturers and suppliers to litigation from patent aggressors, how new autonomous vehicle technologies influence intellectual property transactions, and challenges involved in setting telecom-related standards.

Read the interview on HoganLovells.com here

Dutch Supreme Court hands down landmark decision on infringement of second medical use patents

On 3 November 2017, the Dutch Supreme Court (Hoge Raad) handed down a landmark decision on the infringement of second medical use patents in the Merck Sharp & Dohme Corp. (“MSD”) v. Teva Pharma B.V. and Pharmachemie B.V. (“Teva”) case relating to MSD’s Swiss type second medical use patent protecting a combination therapy of ribavirin and interferon alpha for a specific group of hepatitis c patients.

The Supreme Court held that a manufacturer or seller of a generic product directly and indirectly infringes a Swiss type second medical use claim if it is reasonably foreseeable that the generic product will be used intentionally for the patented use. The Supreme Court further held that second medical use claims relating to a ‘new’ patient subgroup convey the same protection as second medical claims relating to a ‘new’ indication. The Supreme Court also held that a reasonable protection for the patentee justifies that indirect infringement of Swiss type claims is possible in the same way as an EPC 2000 claim, as there is no real difference between the two. One can at the same time directly and indirectly infringe a Swiss type claim, according to the Supreme Court.

Background Continue Reading

Blockchain trending in domain name registrations

Domain name registrations often reflect current trends and it is thus not surprising that a large number of recent second-level domain name registrations under .COM and .NET include terminology relating to blockchain.

A report published last month by Verisign on the “Top 10 Trending Keywords in .COM and .NET Registrations in August” placed the words CRYPTO, BIT, BLOCK and CHAIN in the top 10 keywords under .COM registrations with CRYPTO top of the list.  All these terms relate to blockchain.

This shows just how blockchain has taken center stage lately and mirrors the increasing number of blockchain-related initiatives and projects globally. Continue Reading

Webinar Invitation: Digital Single Market 2018 – It is becoming real!

The EU Commission announced its Digital Single Market (DSM) strategy in May 2015. Since then, plenty of draft directives and regulations have been put on the table. Many of those will be enacted within the next weeks and months. The EU Parliament and Council are currently in the process of agreeing on last amendments to the Commission’s proposals, with various Parliament committees working long hours on compromises.

Join our webinar on 14 November, 4:00pm – 5:00pm (CET) for a lively discussion with our very own experts who will take a look at latest developments. How will the new monitoring obligations for platforms look like? Will further stakeholders be equipped with new ancillary rights? What are so-called “harmful trading practices” and in which way will they be tackled? How liberal will the new law on text & data mining be? What about the AVMS Directive, the e-Privacy Regulation and the “European Data Economy” package?

We will look at where we currently stand with the implementation of a true Digital Single Market and what we may expect from Brussels in 2018.

Register here.

We hope you can join us.

For the latest information, updates and news on the DSM initiative, please visit DSM Watch, our dedicated microsite.
Speakers:

Falk Schoening Partner, Brussels, Hogan Lovells

Nils Rauer Partner, Frankfurt, Hogan Lovells

Salomé Cisnal De Ugarte Partner, Brussels, Hogan Lovells

Alastair Shaw Counsel, London, Hogan Lovells

Christian Ritz Senior Associate, Munich, Hogan Lovells

Alberto Bellan Senior Associate, Milan, Hogan Lovells

Dina Jubrail Associate, Brussels, Hogan Lovells

.RU and .РФ show healthy growth whilst deterring cyber criminals

The Coordination Center, which is responsible for the management of the Russian country code Top Level Domains (ccTLDs) .RU and .РФ, recently published its annual report which showcased the vigorous growth of both .RU and .РФ as well as highlighting efforts to combat malicious activity in the .RU and .РФ domain name spaces.

The main focus of the report was the achievements of the Coordination Center in 2016, namely:

  • The increase in the number of registered domain names under .RU and .РФ.
  • The significant increase in the number of accredited registrars for .RU and .РФ domain names.
  • The increase in the number of participants in the Netoscope project.

The annual report documented that, by the end of 2016, .RU had become the fastest growing ccTLD (with the exception of China’s .CN) with approximately 5,425,000 registered domain names.  This represented an annual increase of 7.6%.  At the time of writing, there are over 5,431,800 registered domain names under .RU.

.РФ also maintained its position as the largest Internationalized Domain Name (IDN) TLD with over 897,300 registered domain names at the end of 2016.  The number of domain names under .РФ increased by 3.8%.  At the time of writing, the number of registered domain names under .РФ had dropped slightly to 895,070.

The annual report also provided information regarding the Neoscope project.  This project was launched by the Coordination Center in alliance with Technical Center of Internet, Mail.ru, Yandex, RU-CERT, Group-IB, Rostelecom and Kaspersky Lab as a leading online information and analytics security platform for Russian domain names.  The technology can be used to detect, analyse and curb malicious activity involving .RU and .РФ domain names. Continue Reading