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Tag Archives: Licensing

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

Hong Kong: How do I draft my arbitration agreement for IP disputes?

In our earlier article, we discussed the implications of the Arbitration (Amendment) Ordinance 2017 and the factors to consider when deciding whether to settle Intellectual Property Right (“IPR”) disputes by arbitration. Since arbitration can only take place with the consent of all parties, a crucial first step is to create a valid, enforceable arbitration agreement

DSM over lunch with U.S. Copyright Society

We were delighted and honoured to speak at last week’s lunch event of U.S. Copyright Society (CS USA). The Los Angeles Chapter of the CS USA kindly invited Salomé Cisnal de Ugarte (Brussels), Alberto Bellan (Milan) and myself to sit on a panel together with Susan Cleary, Vice President and General Counsel of the Independent Film &

How to secure the right type of IP protection for wearable-technology products

From wristbands that count your steps, to skin patches that measure your sun exposure, a wide range of products are entering the wearable-technology market and raising new questions about intellectual property (IP) claims and protection. In this hoganlovells.com interview, Katie McConnell, counsel in the Hogan Lovells London office, provides an overview of the unique challenges

China issues new rules tightening up on overseas transfers of intellectual property rights

On 29 March 2018, the Chinese State Council released the External Transfer of Intellectual Property Rights Measures (for trial implementation) (the IPR Overseas Transfer Measures) providing for further governmental scrutiny of overseas transfers of IPR from the People’s Republic of China (PRC or China), with a focus on the impact of such transfers on national

Q&A: Why you should consider registering your copyright in Vietnam

Following our recent Q&A on copyright registration in China, we now turn to Vietnam where there is also a voluntary copyright registration system. Why register? Under the Law on Intellectual Property of Vietnam, copyright shall arise at the moment a work is created and fixed in a certain material form, irrespective of its content, quality,

2018 Spells a new beginning for IP arbitration in Hong Kong

Arbitration (Amendment) Ordinance 2017 comes into effect The long-awaited Arbitration (Amendment) Ordinance 2017 (the “Amendment Ordinance“) is finally applicable to arbitrations commenced on or after 1 January 2018 or to arbitrations commenced prior to this date if the parties themselves choose to apply the amendments to their arbitrations. By introducing sections 103A to 103J into

HL joins MIP in Hong Kong “International Women´s Leadership Forum” on regional & global IP developments

We are delighted to co-sponsor this event on 21 September, with our lawyers Monique Woo and  Serena Lim attending. Serena will be chairing the session on anti-counterfeiting. This event is a great opportunity for women in IP to deepen knowledge of regional & global IP developments and senior thought leadership. Topics include: Licensing Anti-counterfeiting technology Emerging technology and related IP challenges Advertising in

IP is at the heart of life sciences innovation

In recent years, technology and innovation has advanced at an unprecedented pace. Flying taxi drones, self-driving cars and 3D-printers immediately come to mind. However, exciting progress has been made in life sciences and the healthcare sector as well. With CRISPR, bionic limbs and 3D-printed tissue, the medical sector has never been closer to eliminating disease

German tax treatment of royalties regarding software license and database licenses

– Draft guidance of German Federal Ministry of Finance released for discussion purposes Yesterday the German Federal Ministry of Finance (Bundesfinanzministerium) released a draft circular on the German tax treatment of royalties paid for software and database licenses granted by non-resident licensors (the draft can be found here). The draft is highly important to clients

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

Brexit webinar – What’s next for Life Sciences companies?

With the UK Government having issued its Article 50 notice, we are holding a webinar to further analyse the implications for the life sciences sector of the momentous decision that the UK has made to leave the EU. On 3 April 12:00 pm BST and 5 April 4:00 pm BST, our Life Sciences lawyers Charles Brasted, Elisabethann Wright, Fabien Roy, Helen Kimberley

U.S. – Protecting IP in Digital Health deals

Industry sources estimate that more than $4 billion worth of deals in digital health have been signed globally this year so far, as pharmaceutical manufacturers look for “beyond the pill” solutions to medical problems, health care providers seek more efficient means to monitor their patients’ wellbeing, and technology companies aim to commercialize their products and

US-China Entertainment Law Conference

We are delighted to be sponsoring the first US-China Entertainment Law Conference on 2 November 2016 at the Loyola Law School, LA, California. This event will bring together senior policymakers, academics, business executives and international practitioners from China and the U.S. to discuss cutting-edge legal issues in the US-China film, television, music and gaming industries.

U.S. – Considering the value of manufacturing trade secrets

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

U.S. – DOJ and FTC propose updated Antitrust Guidelines for Licensing of Intellectual Property

On August 12, the U.S. Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) proposed updates to their Antitrust Guidelines for the Licensing of Intellectual Property (Guidelines). The agencies have not been amended the Guidelines since they were originally released in 1995. The revisions do not substantively modify the general principles of the

Practical aspects of licensing in the cloud

In this digital age, people use the World Wide Web to access information; to stay in touch with friends worldwide; and to access and share files and information anywhere at any time. Enterprises use the Internet to access and utilize an increasing array of sophisticated business applications and technology infrastructure. All of these services are

DSM Watch: Copyright Report approved by Legal Affairs Committee of EU Parliament. Whole EP to vote on 9 July

Following amendments voted on by the European Parliament’s Legal Affairs Committee yesterday, a somewhat watered-down version of its report on the implementation of the EU’s 2001 InfoSoc/Copyright Directive* will go forward for further likely amendment and vote by the full Parliament on 9 July 2015.  The full text of the report adopted by the committee,

France – SEP cases begin by evidencing essentiality

First Instance Court of Paris, 17 April 2015, Core Wireless Licensing SARL v. LG Electronics Inc. and LG Electronics France The First Instance Court of Paris holds that when asserting alleged Standard Essential Patents (SEPs), a patent holder cannot just state and presume the essentiality of said patents. Core Wireless Licensing SARL (“Core”) purchased roughly

China: SAIC enacts IPR abuse regulation

On 13 April 2015, the State Administration for Industry and Commerce (“SAIC“) released the Regulation on the Prohibition of Conduct Eliminating or Restricting Competition by Abusing Intellectual Property Rights (“SAIC IPR Abuse Regulation“). The regulation is dated 7 April, and will enter into force on 1 August 2015. The SAIC IPR Abuse Regulation implements the

From Fast Fashion to Wearable Technology – the pro’s and con’s of today’s licensing and collaboration in the fashion industry

Moschino’s inspired use of one of the world’s  best known fast-food brands in its 2014 Autumn/Winter Collection has been a run-away success, with handbags, iPhone cases, sweaters and backpacks already sold out. Some critics have accused Moschino of mocking the working class, who could not afford to buy luxury products but far from damaging the