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Category Archives: Copyright & Content

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Can a taste be protected by copyright in Europe?

This is, in essence, the fundamental question that has been submitted to the CJEU in the case C-310/17 (Levola Hengelo v. Smile Foods). The opinion of Advocate General Wathelet (read it here, no English version yet) released on 25 July 2018 is that the taste of food (in this case of cheese) is not protectable

A second market for “used” e-books – CJEU will decide

Ever since the European Court of Justice (CJEU) in its highly regarded UsedSoft ruling declared the resale of “used” software admissible (dated 3 July 2012, C-128/11), the discussion has persistently centered around the question whether the idea of the so-called exhaustion, upon which UsedSoft is essentially based, could or should be extended to other digital

The EU Commission is set to address the challenges of three-dimensional printing

Additive manufacturing, more commonly called “three-dimensional printing” or simply “3D printing“, is a truly fascinating technology. Whilst the first experiments date back to the 1960s, with the first meaningful industrial applications following in the 1980s, only throughout the last couple of years has the technology really gained momentum. Meanwhile, the market is growing rapidly. The

DSM Watch: One step closer to a European copyright reform

After a long and intense debate – including several postponements – the Committee of Legal Affairs of the European Parliament (JURI) this morning finally agreed on its position on the draft DSM copyright directive. Of course, the plenary is still required to hand down its final vote on JURI’s report. And the trilogue amongst the

Artificial Intelligence and your business: A guide for navigating the legal, policy, commercial, and strategic challenges ahead

Virtually all industries are being reshaped with the use of Artificial Intelligence and advanced machine-learning. Everything from healthtech to self-driving vehicles, to education and smart homes, drones and space, social media, and beyond is being affected. These new technologies present a variety of commercial opportunities and the potential to change our daily lives. At the

UK Supreme Court holds rights-holders should bear the costs of web-blocking injunctions

The Supreme Court handed down its much anticipated judgment in Cartier International AG v British Telecommunications Plc today. The Judges held unanimously that rights-holders should bear the costs of implementing website-blocking injunctions. In doing so, the Supreme Court reversed the Court of Appeal majority judgment. Although the case concerned blocking sites selling counterfeits, the judgment

DSM Watch: Copyright Directive moves a step closer as EU Council publishes agreed draft

On 25 May 2018, after months of discussions, the EU Council’s Permanent Representatives Committee (COREPER) finally agreed its position on the draft Copyright Directive (see the official press release here), although it has been suggested that Germany, Finland, the Netherlands, Slovenia, Belgium and Hungary did not support it. The agreed text (read it in full

Total Brand Care Series: 12 June – Protecting and enhancing your brand’s value is much more than just a trade mark issue.

London: 12 June 2018, 08:30 – 18:30   Join us on 12 June for a seminar specifically designed to help you consider the diverse commercial and legal matters that impact positively and negatively on brand value and the overall success of your business. Topics will cover: Collecting, using and protecting customer data Protecting your brand

European Copyright Society – Intense discussion on how to move on with the copyright reform

On 25 May 2018, the European Copyright Society (ECS) hosted a very informative and encouraging conference on the current status quo of the pending copyright reform. The title of the summit was well-chosen and equally simple: “EU copyright, quo vadis? – From the EU copyright package to the challenges of Artificial intelligence“. Less simple, however,

DSM Watch: EU Copyright reform – where do we stand?

Reform of EU copyright is the core of the Commission’s Digital Single Market strategy. Various legislative initiatives have been proposed but the “heart” of the reform is without a doubt the proposal for a new copyright directive. While there appears to be a growing consensus on the wording of most articles, a few key provisions

EU: Portability Regulation – important deadline of 2 June 2018

The Portability Regulation (EU) 2017/1128 came into force on 1 April 2018. Part of the EU Commission’s aim to establish a Digital Single Market, the Regulation facilitates cross-border portability of online content. It allows for subscribed content services to “travel” with the subscriber throughout the entire European Union. Be it movies, sport events, music, e-books,

DSM Watch – Platforms: EU Commission issues a Recommendation and a draft Regulation as the DSM approach towards ISPs takes (an irregular) shape.

In a nutshell: As part of the DSM strategy, the Commission has recently published a series of new proposals impacting platforms and ISPs, including a Recommendation on tackling illegal content online and a draft Regulation on promoting fairness and transparency for business users of e-commerce platforms. In these new documents, the Commission addresses consumer protection,

Total Brand Care: The benefits of a holistic approach to creating, commercializing, and protecting company brands

We understand that brands are the heart of a company’s value, reputation, and competitive advantage. Total Brand Care is our holistic approach to creating, commercializing, and protecting our client’s brands. Following our interview with partner Thomas Salomon on product labelling and packaging in Europe, this hoganlovells.com interview with Lloyd Parker, Office Managing Partner and head of our IPMT practice

DSM over lunch with U.S. Copyright Society

We were delighted and honoured to speak at last week’s lunch event of U.S. Copyright Society (CS USA). The Los Angeles Chapter of the CS USA kindly invited Salomé Cisnal de Ugarte (Brussels), Alberto Bellan (Milan) and myself to sit on a panel together with Susan Cleary, Vice President and General Counsel of the Independent Film &

DSM Watch: the new Copyright Directive – recent developments on the proposed Ancillary Right for Press Publishers

The European Parliament’s Rapporteur on the draft Copyright Directive (COM (2016) 593), Axel Voss, released proposed amendments to Article 11 and its corresponding recitals at the end of March. Mr Voss’s draft, for the shadow Rapporteurs on the Parliament’s Committee on Legal Affairs (JURI), introduces a number of remarkable suggested changes, which diverge significantly from

European Copyright Reform: Final Vote by JURI postponed to June 2018

The copyright reform is one of the core pillars of the EU Commissions endeavor to create a real Digital Single Market within the European Union. However, despite of the first draft of the new Copyright Directive (COM (2016) 593 final) having been published some time ago (14 September 2016) the EU institutions seem to have difficulties

Europe: New Obligations for Platform Operators – Where Do We Stand?

The reform of European Copyright law is at the heart of the European Commission’s efforts to create a true Digital Single Market. The new draft Directive on copyright in the Digital Single Market (“Copyright Directive“, COM (2016) 593) dates back to 14 September 2016. Whilst with many provisions of the draft Directive the final wording

DSM Watch: Regulation on Portability of Online Content comes into force 1 April 2018

This year’s Easter holiday brings with it a further milestone in the Commission’s endeavor to bring about a truly Digital Single Market: The Portability Regulation (EU) 2017/1128 comes into force on 1 April 2018. The Regulation facilitates cross-border portability of online content. It allows for subscribed content services to “travel” with the subscriber throughout the

Hogan Lovells IP scores 4 more at 2018 Managing IP Asia-Pacific Awards

March 21 – At the new format Managing IP Asia-Pacific Awards in Hong Kong, the Hogan Lovells IP practice has been awarded “Firm of the Year” in the following three categories, as well as for the new category of “Special Recognition” for innovation in IP.   China Copyright Foreign Firm of the Year Hong Kong

Two wins by the LEGO Group in China against Chinese copycats

The LEGO Group rarely puts itself under the spotlight by talking about litigation but it made an exception by commenting on its recent victories against two Chinese infringers. The IP lawyers behind said victories are from our Shanghai office and its associated office, Hogan Lovells Fidelity, in the Shanghai Free Trade Zone. Two Chinese toy makers (the “defendants”) were jointly

Digital Single Market – New Copyright Directive advances

On 16 January 2018, the Bulgarian Presidency of the EU Council sought guidance from the Permanent Representatives Committee (Coreper) regarding the long-debated Draft Copyright Directive. The queries focused on two issues that are still controversial: the introduction of an ancillary copyright for press publishers (Article 11 of the draft) and the establishment of new monitoring