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
Today the Council of the European Union adopted the EU Copyright Directive (the “Directive”), ending a negotiation process which first started with the Commission’s proposal for a new Directive in early 2016. After publication in the Official Journal of the EU, Member States will have two years to implement the Directive. In Council the UK
This post was originally published in iPunkt, our German language newsletter and has now been translated for LimeGreen IP News. In December 2018, CJEU Advocate General Szpunar took the view that the reuse of a sound sequence in a new song (referred to as sampling) without the author’s permission violates copyright law (case C-476/17 – Moses Pelham
Over the years, tastes have shifted from bands like the Beatles and Led Zeppelin to more electronically-produced sounds. But no matter your opinion of Justin Bieber’s or Lady Gaga’s artistic chops, there’s no doubt music – and the industry that supports it – has evolved. And, as music changes, so must the laws and regulations
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
The Intellectual Property Committee of the Franco-Russian Chamber of Commerce and Industry was elected at a meeting on 22 November 2018, dedicated to the legal protection of intellectual property assets in the fashion industry. Partner Natalia Gulyaeva, who heads the firm’s IP, Media and Technology Group for Russia / Commonwealth of Independent States (CIS), has been
In our Global IP Outlook for 2018 we flagged the following key automotive industry issues to consider for developments over the year. This post collates our related LimeGreen IP insights… and then some. Keep an eye out for our Global IP Outlook 2019 in the new year! Connected Cars present a tremendous opportunity for automotive companies and consumers.
In our Global IP Outlook for 2018 we flagged the following key areas of Artificial Intelligence (AI) to consider for developments over the year. This post collates our related LimeGreen IP insights… and then some. Keep an eye out for our Global IP Outlook 2019 in the new year! As existing law and court decisions appear to
The European Parliament has adopted a non-legislative resolution on distributed ledger technologies (DLTs) and blockchains. In the resolution, which was adopted last month, the Parliament emphasised that the EU has an opportunity to become “the global leader” in the field of DLT and to be a “credible actor” in shaping its development and markets globally.
On 9 August and 28 September 2018, the new Cyberspace Courts in Beijing and Guangzhou were officially opened. These new specialised courts, along with their equivalent one that was formed in Hangzhou in August 2017, are meant to tackle the quickly swelling stream of internet-related court procedures in China. The establishment of these specialised courts
On Monday the UK government published a series of notices on the impact of a no-deal Brexit on intellectual property right-holders. The notices are part of a series of notices the government has published recently setting out what would happen for key industries in the event of a no-deal Brexit and what industry should do
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
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
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
Additive manufacturing, more commonly called “three-dimensional printing” or simply “3D printing“, is a truly fascinating technology. Whilst the first experiments date back to the 1960s, with the first meaningful industrial applications following in the 1980s, only throughout the last couple of years has the technology really gained momentum. Meanwhile, the market is growing rapidly. The
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
(Case analysis: Lucasfilm Ltd. LLC v. Ren Ventures Ltd., N.D. Cal., No. 17-7249, 4/24/18) To assert a successful infringement claim relative to a mark that has arguably never been used as a source identifier for “real world” products, and which has not been actively promoted for nearly 40 years, is a challenge most trademark lawyers
Since November 2014, when the first IP courts were set up in Beijing, Shanghai and Guangzhou, China has been rapidly setting up new specialised IP tribunals throughout its vast hinterland. The IP Courts and tribunals are meant to deal with China’s booming IP caseload, which reached a total of 213,480 IP cases in 2017, an
The copyright reform is one of the core pillars of the EU Commissions endeavor to create a real Digital Single Market within the European Union. However, despite of the first draft of the new Copyright Directive (COM (2016) 593 final) having been published some time ago (14 September 2016) the EU institutions seem to have difficulties
On 27 March, Partner Eugene Low and Associate Arthur Ng from our Hong Kong office gave a presentation on esports at a reception event organized by the Association of Corporate Counsel, Hong Kong. The event inspired lively discussion over refreshments and feedback following the presentation was very positive, especially as it was the first time many attendees had discovered
March 21 – At the new format Managing IP Asia-Pacific Awards in Hong Kong, the Hogan Lovells IP practice has been awarded “Firm of the Year” in the following three categories, as well as for the new category of “Special Recognition” for innovation in IP. China Copyright Foreign Firm of the Year Hong Kong
The National People’s Congress (“NPC”) is the top legislature and the highest organ of state power in China. The NPC is elected for a term of five years and holds a plenary meeting every year to, among others, determine statue issues, appoint high-level government officials and enact or amend the Constitution or other national laws.
Our Paris team is delighted to provide IP news and updates in French language. The latest edition, #17 from January 2018 can be accessed at the link below. Lettre d’actualité IPMT – Français (French language)
2017 was a year of widespread political, technological and legal changes; leading to lack of certainty and creating both challenges and opportunities for businesses in 2018 and beyond. We’re here to help: we have published our second annual Global IP Outlook. The Outlook reflects on some of the major developments in intellectual property law and