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Category Archives: Trade Secrets

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Investing in China’s TMT sector: What you need to know

China is a market that represents a paradox for many telecoms, media and technology (“TMT“) companies. On the one hand it offers the promise of almost unlimited growth potential if you get the product right, but on the other it presents huge challenges from the regulatory and compliance perspective in terms of establishing a foothold

Amsterdam: Seminar ‘Protect Your Data!’ – 2 July 2019

Data forms the cornerstone of the current economy. Being in control of you data is key. Last year, the GDPR and the EU Trade Secrets Directive created the legal framework for the protection of the most important data in a company: personal data and trade secrets. Following the recent successful edition in Dutch, our Amsterdam office

France – Trade secrets protection optimized with new procedural measures before Courts

The FRAND patent litigation case between Conversant Wireless Licensing SARL and LG Electronics Inc. and LG Electronics France offers a first and exemplary illustration of an extensive use of the procedural arrangements provided by the French Law of July 30, 2018 regarding the protection of trade secrets. The Paris Court of Appeal recently handed down

Amsterdam: Seminar ‘Protect Your Data!’, 23 May 2019

Data forms the cornerstone of the current economy. Last year, the GDPR and the EU Trade Secrets Directive created the legal framework for the protection of the most important data in a company: personal data and trade secrets. On 23 May 2019, Hogan Lovells’ Amsterdam office will host this seminar in Dutch entitled ‘Bescherm je data!’ (‘Protect Your

Lightning fast IP reform in China: Trademark Law and Anti-Unfair Competition Law amended

On 23 April 2019, both China’s Trademark Law (“TML“) and its Anti-Unfair Competition Law (“AUCL“) were amended.  The amendments to the TML are aimed at curbing bad faith trademarks and increasing damages for infringement, while the changes to the AUCL are aimed at improving the protection for trade secrets. The changes to the TML will

Netherlands: Getting the most out of the new trade secret protection act

The new Trade Secret Protection Act came into force recently in the Netherlands. The Act is an implementation of the EU Trade Secrets Directive, which seeks to improve and harmonise the standards of protection of trade secrets throughout the EU. The newly introduced confidentiality provisions, in combination with the availability of effective evidence collection opportunities

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

HL.com interview – Litigating IP issues: The impact of AI and machine learning

As artificial intelligence (AI) and machine learning are integrated into an increasing number of products and services, litigation issues involving patents and trade secrets will increase. In this hoganlovells.com interview, IP partners Celine Crowson (Washington, D.C.), Jason Lohr (San Francisco/Silicon Valley), and Dr. Chris Mammen (San Francisco) discuss the evolution of AI and machine learning

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

FRAND license litigation: new ways of accessing relevant rates in France

Besides its new provisions defining the trade secret and sanctioning its infringements, the French Law of 30 July 2018 regarding Trade Secret offers new procedural instruments aimed at efficiently protecting the confidentiality of the exhibits submitted by the parties. Article L.153-2 of the Code of Commerce provides that any person having access to an exhibit

Protecting trade secrets in the EU and US – LimeGreen Live webinar recording

On 9 October we held the fifth in our LimeGreen Live webinar series. This instalment explored how the US and EU member states are handling trade secret protection: what the differences are, where you might face challenges and how best to proceed in securing adequate protection and enforcing your rights throughout the US and the

Protecting trade secrets in the EU and US – LimeGreen Live Webinar

Join us on 09 October for the fifth in our LimeGreen Live webinar series. In this webinar we will look at how the US and EU member states are handling trade secret protection: what the differences are, where you might face challenges and how best to proceed in securing adequate protection and enforcing your rights throughout the US

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

Trade Secrets: UK implements EU Directive on time but uncertainties remain

On Saturday, 9 June 2018, with little or no fanfare, the UK’s Trade Secrets (Enforcement, etc) Regulations 2018 (SI 2018 No. 597) came into force.   These  Trade Secret Regulations implement into UK law the 8 June 2016 EU Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use

EU Trade Secrets Directive: Upcoming seminars – Munich/Amsterdam

Trade secrets can be one of your most valuable assets, but due to the lack of a consistent framework in Europe, effectively protecting trade secrets can often prove challenging. This will be changing: by 9 June 2018 Member States of the European Union must implement the EU Trade Secrets Directive into national law. The Directive will harmonize trade secrets laws

UKIPO consultation paper contains unexpectedly wide-ranging proposals on new trade secrets law (responses by 16 March 2018)

The UKIPO has this week issued a consultation paper on the proposed UK Trade Secrets (Enforcement, etc.) Regulations 2018. The consultation seeks the views of interested parties on the draft Regulations which are intended to transpose the EU Trade Secrets Directive ((EU) 2016/943) into UK law.  The consultation will run until 16 March 2018 with

Germany: Hogan Lovells at Forum seminar on new EU ‘trade secrets’ directive

EU Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure must be implemented in the EU Member States by June 2018. The Directive seeks to address the increasing importance of trade secrets, the growing threat to classified information and how to effectively combat industrial espionage and protect secrets.

Drones – Is the sky the limit? -‘Intellectual Values seminar series #3’ video

On 17 October 2017, Hogan Lovells, London hosted its annual ‘Intellectual Values’ seminar which this year focused on the ‘connected world’. Paul Joukador, a partner in our London Tech Hub, gave a talk on the commercial opportunities and challenges arising from drone technology. A drone is an unmanned air-borne vehicle that shares what it sees

US: Our ITC lawyers speaking at 2017 MIP Trade Secrets Forum

We are proud to be sponsoring and speaking at this year’s MIP Trade Secrets Forum in Palo Alto, California. The September 26, 2017 event brings together leading legal and corporate experts to discuss the newly enacted Defend Trade Secrets Act (DTSA) and emerging litigation options. Three of our International Trade Commission (ITC) lawyers will participate in

IP Newsletter – French language / Français

Our Paris team is delighted to provide IP news and updates in French language. The latest edition, #16 from September 2017 can be accessed at the link below. Lettre d’actualité IPMT – Français (French language)

UK moves to implement Trade Secrets Directive

Tomorrow Hogan Lovells will join other interested parties at a round table meeting convened by the UK Intellectual Property Office to discuss the proposed approach to implementation of the new Trade Secrets Directive into English law. The deadline for implementation of the Directive is June 2018, before Brexit, and so the meeting should be interesting on

U.S. Energy disputes: Patents or trade secrets? Yes, please.

Most energy companies implement Intellectual Property (“IP”) strategies to protect and exploit company IP (offense) and navigate third-party rights (defense). Traditionally, these policies emphasize patents. But today’s IP-savvy energy companies strategically manage both patent and trade secret portfolios throughout a company’s particular energy sector focus. The ascendance of trade secrets reflects recent strengthening of U.S.