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Category Archives: IP Enforcement

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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

Getting The Deal Through: Automotive 2018

A fast-changing and interconnected world requires innovative thinking combined with proven experience. The second edition of the joint Hogan Lovells-GTDT publication addresses the quickly transforming automotive industry and examines fundamental market developments in the law and regulation governing the industry worldwide. More than 50 lawyers from Hogan Lovells and several best-friend law firms contributed to this

Total Brand Care: Protecting the valuable investment in your brands

The battleground is shifting. In a world where online commerce is rivaling traditional routes to market, new challenges are posed for brand owners in the fight against infringers. Copycats have the ability to shield themselves behind fake identities on social media and domain names registered under false names, making it increasingly difficult to identify the

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