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Tag Archives: copyright

Europe: Blockchain – Practical and legal challenges

The increasing digitization of the private as well as economic realm is undeniable. The European Commission is constantly pushing the Digital Single Market forward. In the same breath as the ubiquitous phenomenon of digitalization, blockchain technology is all too often mentioned. A bright future is predicted for it even if the actual applications have, admittedly, been rare in practice so far.

First Cyberspace Court set up in China: the Chinese judiciary enters the digital age

China’s first Cyberspace Court was inaugurated on Friday 18 August in Hangzhou, Zhejiang Province. Going forward, this new court will handle all internet-related disputes in all districts of Hangzhou through a fully digitalized, online procedure. The establishment of a specialized cyberspace court in China’s internet capital Hangzhou is an encouraging step for the Chinese internet

China launches its annual piracy crackdown campaign: focus on online piracy of films and TV programs

China’s State Intellectual Property Office has recently announced, in a joint declaration with three other ministerial bodies, the launch of its annual online piracy crackdown campaign called the “Red Shield Net Sword Campaign” (红盾网剑专项行动). This year’s crackdown campaign promises to take a heavy hand against the unauthorized online distribution of films, TV programs and other

3D Printing: Are you 3DP Ready?

3D printing has already been around for decades and has disrupted certain industries, such as hearing aids. One likely impact is an increase in IP infringement, with Gartner predicting that this could reach $100 billion a year by 2018. Now that a number of key patents have expired, 3D printers are becoming cheaper and offer

IP Enforcement Focus : Europe – Quarterly round-up

IP Enforcement Focus is our series of written, video and audio posts which plug into your current European enforcement issues. These posts cover IP related court cases as well as relevant political and economic developments in this area. Over the last quarter, we have published 12 summaries of key IP enforcement developments, including 4 v-logs. This roundup outlines each commentary with a link

U.S. – Develop a digital health IP protection plan

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

IP in the digital age: a tricky path ahead for pharma companies?

“The pharmaceutical industry needs to adjust its expectations of the scope of IP protection available in the digital age“ The pharmaceutical industry is becoming increasingly interested in digital health and serious money is being invested in the technology. Pharmaceutical companies are used to an established commercial formula for bringing new products to market, with product

Germany: Copyright Law – Sound-sampling and no end in sight

On the 31 May the German Federal Constitutional Court issued a decision in the case “Metall auf Metall”. This is the latest decision in a German Court battle that has been on-going for 17 years now. It concerns the question of whether the sampling of very short sounds constitutes copyright infringement or not. While it

CJEU: TVs in a rehab facility constitute a “communication to the public”

On 31 May 2016, the European Court of Justice (CJEU) handed down a long awaited decision regarding the interpretation of the term “communication to the public” (Case Ref. C-117/15). Over recent years, the interpretation of this term has been heavily under discussion. It was subject-matter of various lawsuits in many Member States as well as before the

The big picture on IP litigation in China

The Supreme People’s Court (“SPC”) recently released its White Paper on Judicial Protection of IPR, 2015 (“中国法院知识产权司法保护状况(2015), “White Paper”), containing statistics on IP litigation in China. Significantly, the statistics also contain the first conclusive data on the operation of the specialized IP Courts in Beijing, Shanghai and Guangzhou, over a year after they started accepting

DSM Watch: Online platforms – Commission communication to be the next major milestone on the road to a Digital Single Market

The EU Commission looks set next month to release a new communication providing policy guidelines as to the direction it wishes to take for on-line platforms. While the official Communication is scheduled to be released on mid-May, Statewatch.org has just made available a draft version (tentatively dated 25 May) entitled “Online Platforms and the Digital

EU: Advocate General – Hyperlinking is lawful regardless whether content was uploaded with or without permission

Hyperlinks are yet again on the Court of Justice of the European Union’s (CJEU) agenda. Whilst in 2014, the decision Svensson (C-466/12) and BestWater International (C-348/13) set path-breaking precedent, the current matter GS Media (C-160/15) promises to fill those gaps that remained after the first two judgments. On 7 April 2016, it was for Belgian

DSM Watch: Towards a modern European copyright framework (Part 4): Creating a fairer marketplace

This fourth blog in a series of five looks at the European Commission’s plans for “Creating a fairer marketplace”. Background The Digital Single Market (DSM) strategy – presented in May 2015 – contains 16 initiatives in a variety of fields such as telecommunication, consumer rights and Big Data, each of which is intended to bring

DSM Watch: Towards a modern European copyright framework (Part 1)

In the first of a series of five, this blog overviews the European Commission’s action plan for modernising European copyright. Background In May 2015 the announcement of the EU Commission’s Digital Single Market (DSM) strategy received much attention. Our DSM Watch team is a multi-jurisdiction, cross-practice group working together to keep you informed as the initiatives under the

DSM Watch: A big day for the DSM – EU Commission publishes three legislative proposals and two policy documents dealing with copyright reform and e-commerce rules

If the Commission persuades the EU Parliament and Council to its views, EU-wide digital content portability for consumers will become a reality under a draft Regulation unveiled today* and aspects of online contract law for consumers will be fully harmonised across the EU under two new Directives, drafts of which were also published today*. This

DSM Watch: EU Commission to speak on legislative proposals for copyright next week – 9 December 2015, 1200 CET

Last week we reported Commission Vice-President for the Single Digital Market, Andrus Ansip saying in a speech at the University of Strasbourg “We intend to present our reform plans in a strategy paper in December.”  Well, today the Commission has set the date, time and place: Also, yesterday, it published a brief outline (below).  Whilst

DSM Watch: EU Commission announces first concrete legislative proposals – but when are they coming?

In this post we preview the EU Commission’s first concrete legislative proposals on reform of EU copyright under the DSM banner, and look further ahead to what the Commission has planned in this area for 2016. Background In May the announcement of the EU Commission’s Digital Single Market (DSM) strategy received much attention.  Our DSM

Copyright is what we do – globally: So we’ve mapped it for you!

In today’s world, copyright works and related rights form the cornerstone for numerous services and products. Of course, the entire media and broadcasting sector is reliant on copyright protection, as are the software, music and publishing industries. But, copyright protected content is at stake in many more industries such as IT, luxury goods, education and

Every cent counts – Chinese authorities reduce or eliminate certain IP application fees

The National Development and Reform Commission and Ministry of Finance have jointly issued “Notice 2136” (发改价格 [2015] 2136 号) and the Ministry of Finance has issued “Notice 102” (财税[2015]102 号). These two notices affect IP fees as follows: Trademarks, Copyright and Patents Notice 2136 reduces certain administrative fees for trademark and copyright registration applications with effect

Comparing EU and U.S. Copyright Protection Frameworks for Non-literary Texts

In today’s business world, non-literary texts are of great economic value. They often hold know-how and reflect the specific skill and competence a company offers to its customers. Thus, the question how to adequately protect non-literary, functional texts is more important than ever. In this post, we shine light on whether and to which extent