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
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
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
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
Partner Marie-Aimée de Dampierre published an article in the online summer edition of Les Echos Executives on IP issues in the field of artificial intelligence. This post provides a summary in English and the full article in French is available: here Now that artificial intelligence is a reality, what challenges does it pose for intellectual
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
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
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
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
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.
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
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
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)
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
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.
Earlier this month, Laura Whiting attended the 25th Anniversary celebrations of the Fordham IP Conference at the Fordham Law School and reported on five key discussions for The IPKat. Please click on the links below to read the full posts on The IPKat. FRAND, SEPs & PAEs Pharma & IP Competition IP Remedies Trade Secrets Brexit &
Stanislas Roux-Vaillard discusses the key points covered by the EU trade secrets directive that aims at protecting undisclosed know-how and business information. Member States will have to implement all the critical requirements now set as a minimum standard by the directive by 9 June 2018. Watch the v-log here Catch up on our earlier Trade
China’s Cyber Security Law, which will take effect from 1 June, 2017 was finally adopted on 7 November. The third draft of the law adopted by the Standing Committee of the National People’s Congress, China’s highest legislative authority, contained few changes from the second draft put forward for comment in July, 2016 (see our briefing).
There is no doubt that trade secrets are valuable business assets, have a direct impact on innovation and are important drivers of competitive advantage in the market. Greater use of outsourcing and collaborations, combined with easier access to data and rising statistics of commercial espionage mean that there is currently an increased risk of trade
The digital health space is transforming health care with inventions that address complex medical challenges, such as wearable health-tracking devices, sophisticated software programs to improve patient care, and systems that facilitate on-demand doctors’ visits. Given the current legal environment for software-based patents and a fierce competitive landscape, the success of new products in this area
One day, your phone likely will ring with news that your organization’s cybersecurity may have been compromised. You need to be ready to respond comprehensively and with confidence. From counselling clients across the globe, our cross-practice team of cybersecurity lawyers is at the forefront of understanding the tools in-house counsel need – so we have
When distribution agreements are terminated, a delicate issue often arises that is closely related to the need of the supplier to ensure continuity of business thereby preserving the goodwill acquired on the market for the products by the earlier distributor. In these cases, while the distributor’s list of clients may be protected as a trade
These days, licensing between affiliate members of a multinational corporate family is prevalent. While reaching agreement between friendly parties on licensing terms may be easier than it normally would be between arms-length parties from an economic perspective, these transactions are likely to come under intense scrutiny from the relevant tax authorities worldwide. Understanding the value
Not long after my article discussing the interplay between the Defend Trade Secret Act (DTSA) injunction provisions and California non-competition law, a federal district court in the Northern District of California opined on this exact issue in Henry Schein, Inc. v. Cook, No. 16-CV-03166-JST, 2016 WL 3418537 (N.D. Cal. June 22, 2016). In Schein, the