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Category Archives: IP Enforcement

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CJEU: Re-posting content is a “communication to the public”

Copying an image from a website and using it for one’s own purposes, e.g. the illustration of a memo which eventually happens to be uploaded to another website – this happens a hundred times every day. However, such conduct is a copyright infringement. This is the clear answer the Court of Justice of the European

Asia IP webinar series: The recordings so far…

We are running a series of webinars to help you stay up to date with Intellectual Property news and developments in the Asia Pacific region.  So far we have held webinars on the areas listed below. If you were unable to attend live, the recorded version of these webinars can be accessed at the sign-up links: Parallel imports: Good,

Wearable technology: IP opportunities and risks – LimeGreen Live webinar

Join us on 16 or 21 August for the fourth in our LimeGreen Live webinar series in conjunction with the Hogan Lovells Consumer Industry Sector Group. This webinar will explore the IP opportunities and risks for businesses operating in, or looking to enter the wearable technology market. Our presenters will discuss the lifecycle of a wearable technology product, from building or

A problem in 3D – Opportunities and IP risks for businesses

“The UK Intellectual Property Office is wary, designers are worried, and the EU is embracing the tech.” In this Intellectual Property Magazine July/August article, Stella Wong examines the awkward relationship between 3D printing and IP. Issues discussed include: Opportunities in the consumer and life sciences industries (such as customised toys, or better tolerated medicines) Infringement challenges

Data commercialisation strategy: A drill-down with Financier Worldwide

In this new article in Financier Worldwide, IP Partners Zenas J. Choi and Cullen G. Taylor take a look at how businesses should develop strategies to turn a wealth of raw data into valuable assets by harnessing the power of new tech and capturing the value that legal solutions provide. The following key areas are covered:

U.S. + Germany Patent Update – July 2018

The U.S. and Germany are two of the most key fora in the world for patent litigation. The U.S. has long been one of the largest markets for patent litigation, and Germany has constantly attracted more than 50% of all European patent litigation. Hogan Lovells offers its multi-lingual update, dated July 2018, on notable recent

A changing competitive landscape: the role of the ITC in the biosimilars space

As biosimilar competition from companies outside the United States continues, innovator companies are increasingly likely to turn to the International Trade Commission as a first line of defense for protecting critical IP. Competition for innovator biologics companies has traditionally been relatively low, but since the FDA’s first biosimilar approval in 2015, the U.S. marketplace is

Hong Kong: How do I draft my arbitration agreement for IP disputes?

In our earlier article, we discussed the implications of the Arbitration (Amendment) Ordinance 2017 and the factors to consider when deciding whether to settle Intellectual Property Right (“IPR”) disputes by arbitration. Since arbitration can only take place with the consent of all parties, a crucial first step is to create a valid, enforceable arbitration agreement

Moscow: Asia IP seminar review

At the end of June, Hogan Lovells inaugurated its new office premises in Moscow with Partner Natalia Gulyaeva hosting the first seminar of our Russia-Asia IP series with Vietnam IP Counsel Nga Nguyen and Hogan Lovells Fidelity China Senior Associate Julia Peng. More than 20 business leaders from the professional services, automotive, consumer products and technology

‘Polo’ wins enhanced distinctiveness”chukkers” to offset weak distinctive character

In this EUTM case the General Court (GC) decided for The Polo/Lauren Company LP, concluding that alleged weak distinctive character of the earlier mark in regard to certain goods was amply compensated by the enhanced distinctive character that the earlier mark has acquired through the use in trade. 1st Chukker: In 2014, the EUTM applicant

ITC Section 337 quarterly highlights

The ITC Section 337 series provides updates on recent U.S. International Trade Commission (ITC) Section 337 investigations as well as other timely ITC developments that affect your business. The latest news round-up from our Hogan Lovells ITC Section 337 practice, includes:: Comments on the new ITC rules for practice and procedure UV Cable Coatings For Optical

Setting the right example: China’s Supreme People’s Court selects the top 10 IP cases of 2017

China’s Supreme People’s Court (“SPC”) has recently published its list of the “top 10 significant IP cases” for 2017, which it has done yearly since 2007. Although these cases are not strictly binding precedents under China’s civil law system, these cases are used as persuasive judicial guidance for China’s courts at all levels. In this

Hogan Lovells Standard Essential Patent Update – June 2018

In the June 2018 edition of Hogan Lovells’ Standard Essential Patent (SEP) Update, we report on recent news and case decisions from China, Germany, the United Kingdom, and the United States. This bi-monthly newsletter summarizes the more notable SEP developments from key litigation arenas for owners and prospective licensees. Spotlight This issue’s Spotlight article addresses the dismissal

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

AI: the future of your brand protection and enforcement strategy

…that’s the view of many of the respondents to our Brand Benchmarking 2018 survey. Over 200 brand owners of all shapes, sizes, industries and locations were surveyed on how they manage their trademark portfolios. Our analysis revealed that: 93% of respondents believe that artificial intelligence (AI) will have a positive influence: saving them time and money. Six of

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

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

Covering up doesn’t get you off the hook – criminal liability for the import of counterfeit branded clothing

German Federal Court of Justice, ref. no. 5 StR 554/17 Counterfeiters typically make tremendous efforts to cover up their identity and the details of their actions. By doing so, they aim to both prevent trademark owners from bringing civil law claims as well as to avoid criminal prosecution through law enforcement authorities. The German Federal Court

ITC: Commission Amends Rules of Practice and Procedure

On Tuesday May 8, 2018, the U.S. International Trade Commission (“ITC” or “The Commission”) published amended Rules (19 C.F.R. Parts 201 and 210) regarding practice and procedure in an effort to streamline and “improve the provisions of the Commission’s existing Rules of Practice and Procedure.” See 83 Fed. Reg. 21140-64 (May 8, 2018).  The final

Video-log – Patent law in Europe: What pharmaceutical companies need to know

With pharmaceutical competition in Europe continuing to evolve, established companies and new market entrants alike need to understand how key patent litigation tools are shaping the competitive landscape. Increasing competition within Europe’s pharmaceutical space makes knowing the market and understanding available patent protections more critical than ever for both well established and new market players.

Italy: IP Law Firm of the Year – Legalcommunity IP & TMT Awards

We are delighted to announce that in the Legalcommunity IP&TMT Awards in Milan this week, we were awarded IP Law Firm of the Year. “…market excellence in reputation, experience and professional knowledge. Particularly active in Fashion and Luxury” This award swiftly follows our Italian IP and TMT colleagues’ TopLegal Industry Awards just last week and is further recognition

Introducing the U.S. + Germany Patent Update

The prominent state of patent litigation in the United States and Germany is explained not only by the size of its markets, but also by a recent increase of hearings before the U.S. International Trade Commission and the Patent Trial and Appeal Board. With an aim at providing coverage for these critical jurisdictions, we are