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Category Archives: IP Enforcement

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Artificial Intelligence IP roundup 2018

In our Global IP Outlook for 2018 we flagged the following key areas of Artificial Intelligence (AI) to consider for developments over the year. This post collates our related LimeGreen IP insights… and then some. Keep an eye out for our Global IP Outlook 2019 in the new year! As existing law and court decisions appear to

The Polish Constitutional Court limits the right of information under the Enforcement Directive

Polish law provides for the right of information on the origin and distribution networks of the goods or services which infringe an intellectual property right, as dictated by the Directive 2004/48/EC on the enforcement of intellectual property rights. So far, this information could be requested both from the infringer as well as from third persons

China’s highest court slams trademark squatter, confirming that hoarding trademarks is unlawful

In a recent judgment, China’s highest court, the Supreme People’s Court (“SPC”), dealt a significant blow to trademark squatters. The case is noteworthy for several reasons: First of all, the case was likely selected as a landmark case by the SPC, since the Court accepted to hear the retrial procedure, even though it fully maintained

IP in the mix: European Parliament adopts resolution on DLTs & blockchains

The European Parliament has adopted a non-legislative resolution on distributed ledger technologies (DLTs) and blockchains. In the resolution, which was adopted last month, the Parliament emphasised that the EU has an opportunity to become “the global leader” in the field of DLT and to be a “credible actor” in shaping its development and markets globally.

Germany: Federal Constitutional Court declares preliminary injunction without cease and desist letter and hearing unconstitutional

In its decision of 30 September 2018 (1 BvR 1783/17), the German Federal Constitutional Court [Bundesverfassungsgericht – BVerfG] ruled that a preliminary injunction issued in a press-law dispute by the District Court [Landgericht – LG] of Cologne without the appellant previously having received a cease and desist letter or been heard violates the appellant’s right

When 3D-printing challenges IP rights

3D-printing changes the way we develop products: an idea can be transformed into a tangible product faster than ever and it is not even expensive anymore! But what is 3D-printing? Simply put, it is a machine that builds an object out of base materials by successively stacking thin layers of the material in accordance with

To tariff or not to tariff: China’s alleged intellectual property theft from the United States

As of this writing, the United States recently halted trade negotiations with China particularly as related to trade tariffs for alleged “unfair trade practices” under Section 301. Though it may be popular to label the Trump administration’s latest tariffs on China as part of an ongoing “trade war”, the response elides a significant point: that

Brexit: UK Cabinet backs the Withdrawal Agreement – but what does it say about IP?

Last night the UK Cabinet backed the Withdrawal Agreement and Political Declaration on the Future Relationship agreed between the respective negotiating teams of the UK Government and the EU Commission. The Withdrawal Agreement covers the protection of existing unitary intellectual property rights in Articles 54 to 61. The detail has not changed in any material

China: New national-level Appeal Court – Cautious hopes for improved consistency and efficiency in high-tech IP / patent cases

On 26 October 2018, the Standing Committee of China’s National People’s Congress (NPC) issued a Decision setting out the establishment of a new IP Court of Appeals at the national level within the Supreme People’s Court (SPC). This Decision will come into effect on 1 January 2019. The Decision provides that the SPC will have

IPunkt – German language (Deutsch) IP newsletter

Our German network is delighted to provide IP news and updates in German language. Please click the link below to read the latest IPunkt edition. IPunkt – Deutsch (German language) German language IP news is also regularly published on our cross-practice DE blog

UK Annual Brands Seminar collaborates with IP Inclusive

For this year’s Annual UK Brands Seminar on 21 November, our London IP team is collaborating with IP Inclusive. The brand seminar will look back over the past year; reflecting on some of the changes and high profile cases in the UK and what you can look forward to in 2019. In support of IP Inclusive Week, our collaborative initiative

China: Three Cyberspace Courts now online and open for business

On 9 August and 28 September 2018, the new Cyberspace Courts in Beijing and Guangzhou were officially opened. These new specialised courts, along with their equivalent one that was formed in Hangzhou in August 2017, are meant to tackle the quickly swelling stream of internet-related court procedures in China. The establishment of these specialised courts

Japan “Going Global”: Upcoming IP seminars in our multi-track event

We are excited to be holding the “Going Global” cross-practice, multi-track seminar again this year, 26 November in Osaka and 28 November in Tokyo. Our IP speakers will guide participants through the following issues:   Advanced trademark issues: What Japanese companies need to know about prosecution and enforcement in the U.S. and the EU This year, we are delighted to

Total Brand Care: The power of color

We live in a visual society. And the business world is no different. As competition continues to increase across the globe, it’s unsurprising that we are beginning to see the revival of color in corporate branding. The selection of a core color is a process that should not be taken half-heartedly as colors can communicate

Stellar news: Managing Intellectual Property IP Stars

We are delighted to share with you our 2018 Managing Intellectual Property’s IP Stars rankings. 2018 MIP  IP Stars Highlights Hogan Lovells is now ranked in 56 different categories across 14 countries.  We have achieved tier one or equivalent rankings in 15 categories, improving our ranking in four jurisdictions (Mexico, Poland, Russia and Spain), and were

AI, machine learning & legal tech: The 6th Hamburg Legal Tech Meetup at Google with Hogan Lovells

On September 6, the sixth Hamburg Legal Tech Meetup took place at Google’s German headquarters in Hamburg. The Hamburg Legal Tech Meetup is an event series initiated by Nico Kuhlmann (Hogan Lovells). The gathering of stakeholders aims at elaborating new ways of adapting legal services to digitalisation by further enhancing interdisciplinary and inter-industry exchange in the

Hogan Lovells IP on board at LES 2018 Annual Meeting

We are delighted to be participating in the Licensing Executives Society (U.S.A. and Canada) 2018 Annual Meeting in the “birthplace of innovation“, Boston, Massachusetts. IP Partner Jeff Whittle will be joined by Senior Associate Mark Shelley speaking on the following Negotiating Skills sessions as part of this year’s “dynamic program for professional development, networking opportunities, and fun!” 13 October: Negotiations Skills 1 –

A game changer? China enacts first e-commerce law

In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January 2019. This new law has a remarkably broad scope, encompassing many aspects of e-commerce,

China IP litigation and prosecution statistics: taking a step back to see the bigger picture.

According to several recent publications by Chinese governmental authorities, both IP litigation and IP prosecution numbers in China continue to increase significantly. In this article, we provide an overview of those combined statistics, and analyze how this might have an impact on your business in China.   China IP litigation numbers

US: Authorized automobile dealerships drive discussion on patent venue in the Eastern District of Texas

In May 2017, the Supreme Court tightened the rule for venue over domestic defendants in patent infringement cases finding that, under 28 U.S.C. § 1400(b), venue is proper only “in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.” TC Heartland

CJEU: Castles, candy, candlesticks – no happy end at Neuschwanstein?

Court of Justice of the European Union, 6 September 2018, Case C-488/16 P BSGE v EUIPO/Freistaat Bayern King Ludwig II. of Bavaria was without a doubt an architectural visionary. During his reign in the second half of the 19th century, he initiated the construction of various impressive buildings all across his kingdom which now form

Hong Kong & cross-border IP disputes: Practical tips on arbitrating

While traditionally resolved through litigation, parties are now increasingly referring their intellectual property right (IPR) disputes to arbitration, especially in cases where there is a cross-border element. Building upon our earlier guide to arbitration agreements for IP, this post provides an overview of the advantages and disadvantages of arbitrating IP disputes, addresses two main concerns (Arbitrability of the

“Protecting Famous Trademarks” at the IPO, 46th Annual Meeting – Chicago

We are delighted to be co-sponsoring the Chicago IPO Annual Meeting again, 23-25 September this year. The Intellectual Property Owners Association invites participants to renew acquaintances and make new friends during this event which offers a mix of educational programs, committee meetings, networking  opportunities, and exhibits. On 24 September, IP Partner, Dr. Andreas Renck will