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Category Archives: IP Transactions

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Webinar summary: Artificial Intelligence – Getting to grips with basics and legal implications

Jason Lohr (San Francisco) held the first in a series of internal webinars on the basics and legal implications of artificial intelligence (AI) and machine learning, highlighting their relevance to IPMT. AI touches nearly every industry and is used to solve complex problems, spot and minimize risks, improve decision-making, and develop new products. Key issues and

Amsterdam practice welcomes leading IP hire

We are delighted to welcome Samantha Brinkhuis to our IPMT practice today, 1 August. Based in Amsterdam, she joins us from De Brauw Blackstone Westbroek. With extensive experience in both contentious and non-contentious matters, Samantha primarily assists clients with trademark, copyright and unfair competition matters. Her practice also covers trade secrets, media and entertainment law,

TMT Horizons 2019: Dynamism of TMT sector set to continue

Challengers can reach scale seemingly overnight, forcing market change at a similar speed. Established business models are upended, driving consolidation and restructuring. Regulators rush to respond, radically reshaping the environment. These trends show no sign of slowing down. This year’s TMT Horizons includes 22 short articles contributed by our lawyers around the globe, focusing on

German withholding taxes in “total buy-out” IP agreements

In a recently published decision, the German Federal Tax Court (Bundesfinanzhof, BFH) clarified for the first time that a remuneration for the complete transfer of rights in the context of a “total buy out” against a one-off flat-rate remuneration by a foreign rights holder can trigger a deduction obligation for taxes on the part of

Webinar, 20 June: China’s new Foreign Investment Law – IP protection & technology transfers and more…

On 15 March 2019, China passed a new Foreign Investment Law (“FIL”) that takes effect on 1 January 2020, which, when combined with a slimmed-down Negative List, and pre-market access national treatment outside of it, attempts to increase market access, prohibit forced transfers of technology, and consolidate existing rules relating to foreign direct investment (which

China’s first Data Protection Measures lifting its veils

On May 28, 2019, the Cyberspace Administration of China released the draft Measures on the Administration of Data Security (“Data Security Measures“, see our in-house English translation here) for public consultation. These Data Security Measures will be a great leap forward in China’s current data protection landscape, which mainly consists of scattered provisions contained in

Russia CIS: 2019 Chambers Global Practice Guide in Technology, Media, and Telecoms

A team of lawyers from Hogan Lovells contributed to the 2019 Chambers Global Practice Guide in Technology, Media, and Telecoms. They provided legal commentary and insights on TMT industry trends and developments impacting businesses in Russia and the Commonwealth of Independent States. The chapter “TMT Trends and Developments in Russia” provides an overview of mass

M&A 2018 in Review and 2019 Outlook: IP in the mix

Around the globe and across a wide variety of industry sectors, our IP practice collaborated with our corporate and other practice areas of our firm to provide integrated legal services for our clients and friends on exciting, challenging, and innovative M&A transactions, and shared many successes throughout 2018. Once again, your transactions propelled Hogan Lovells to top

China breaks new ground with Foreign Investment Law-related IP reform

In a recent move involving both the Chinese legislature (the National People’s Congress) and the executive branch (the State Council), China has overhauled two of its most important pieces of legislation governing inbound IP-related investments. The first major change was the adoption of the new Foreign Investment Law (“FIL”) on 15 March 2019 (full text

Global IP Outlook 2019 – Two steps forward and a look back

2018 posed new opportunities and challenges for IP-rich businesses, with major new legislation introduced in Europe to govern trademark and trade secret protection; significant and transformational case law in the U.S., and the confirmation of new planned IP-specific legislation for several jurisdictions in Asia. We’re here to help you keep abreast of these changes and

Joint Development and Collaboration Agreements: Your Go-To Guide

Protecting your intellectual property is a challenge, especially when entering into a joint development agreement, or “JDA”. When two or more organizations want to work together to develop or enhance their products, combine or integrate their technologies, or jointly commercialize a new product, they have many choices for documenting their relationship. If the collaboration is

Doing business in the United States: IP in the mix

The United States is one of the easiest jurisdictions in the world in which to do business, however there are certain barriers to entry and challenges to doing business that should be taken into account before investing or establishing operations in the United States. Our Doing business in the United States 2019 publication provides an overview

UK: IP tax diversion compliance – time to review your IP transfer pricing structure

The UK tax authority (HMRC) has announced a new Profits Diversion Compliance Facility (PDCF), as part of its efforts to ensure that multinationals do not use artificial arrangements to divert profit to lower tax jurisdictions. This gives multinationals a window to take the initiative and explain their legal and operational structures before HMRC launch their

Deal Dynamics: Q4 2018 cross-border M&A insights

Our Q4 2018 Deal Dynamics cross-border M&A data set is available through our interactive heatmap. Deal Dynamics is a powerful, global M&A tracking tool created in partnership with Mergermarket, combining interactive quarterly deal data by markets and sectors with exclusive insights on cross-border M&A. Market insights, not just data: Against a backdrop of growing socio-political tensions, cross-border

UK Treasury to get a grip on public sector IP

Just before Christmas the UK government announced the launch of a study looking at how the public sector’s strong record of developing valuable technology can benefit as many people as possible. This is the government’s first step in taking forward the plans set out in its October 2018 report – “Getting smart about intellectual property

Big deals, big ideas, and big challenges spur TMT activity

This interview with Peter Watts takes a look into how intense innovation, diverse deal structures, and political protectionism are changing the face of M&A in the technology, media, and telecommunications space. Peter focusses on the following questions: What are the main drivers for cross-border deals at the moment? What do you think has been the most interesting

Deal Dynamics: Headwinds make little impression on cross-border deal dynamics

For those operating in the TMT sector, the pace of change in technology and in business models seems only to be matched by the pace with which regulators rush to keep up. It can sometimes feel like decisions in Beijing, Brussels, London and Washington, to name but a few, are creating unbeatable headwinds for those looking

Deal Dynamics: New cross-border M&A data tool launched

Hogan Lovells has just launched a powerful new global cross-border M&A tool, in partnership with Mergermarket. Deal Dynamics combines interactive deal data by markets and sectors with exclusive editorial content to provide insights on cross-border M&A. Diversified Industrials, Energy, Real Estate, and TMT sectors drive the M&A market in Q3 2018, according to new data from Hogan

U.S.: Innovation Lounge networking event, October 17

Join us on October 17 for our Hogan Lovells Innovation Lounge, a networking event in our Washington, D.C. office aimed for associate-level attorneys and professionals with an interest in tech. Catch up with old friends and make new connections as a panel of industry disruptors discuss their cutting-edge technologies and the legal issues that arise in development and commercialization. Hors d’oeuvres

Monetizing IP in your M&A transactions: Hong Kong-Shanghai-Beijing seminars

Our international tax, corporate and intellectual property partners will hold seminars in Hong Kong (3 Sept.), Shanghai (4 Sept.) and Beijing (5 Sept.), with lively discussion on the monetization of your intellectual property (IP) in the context of M&A transactions. While IP makes up a high percentage of Enterprise Value (if not the majority in some industries!), it

Vietnam: Mandatory technology transfer registration – Why, what, who, where and how?

Why? Under the previous practice, except for certain types of technologies restricted from transferring, a technology transfer agreement was valid regardless of whether it had been registered with the competent authority.  In other words, registration of technology transfer was optional – it was not an obligation of the parties involved in technology transfer. The new

TMT China Brief – Summer 2018

Welcome to our first issue of TMT China Brief in 2018! This edition features a total of 14 articles which capture various significant TMT developments in Greater China. These developments cover an extraordinary breadth of topics and demonstrate a strong increase in the nuance and complexity of TMT law and practice in the region. Cybersecurity

Hogan Lovells IP on the team in SABIC’s joint venture with ExxonMobil

As members of a cross-office, cross-practice team, Jeff Whittle, Taylor Evans and Polly Sims advised global diversified chemicals manufacturer SABIC on the IP aspects of its recently announced joint venture with ExxonMobil to advance development of the Gulf Coast Growth Ventures project, an ethane cracker – the largest of its type – currently planned for construction in San Patricio

Blockchain podcast interview: “The taxman cometh” to cryptocurrency transactions

Ted Mlynar and Ira Schaefer from our Blockchain-Smart Contract IPMT Working Group return to the Fordham Intellectual Property, Media & Entertainment Law Journal podcast series following their first episode in November 2017. Ted and Ira open this podcast with a brief account of Bitcoin’s background and give an overview of the current cryptocurrency landscape. They go on to discuss the following