We are delighted to welcome Samantha Brinkhuis to our IPMT practice today, 1 August. Based in Amsterdam, she joins us from De Brauw Blackstone Westbroek. With extensive experience in both contentious and non-contentious matters, Samantha primarily assists clients with trademark, copyright and unfair competition matters. Her practice also covers trade secrets, media and entertainment law,
Tag Archives: unfair competition
TMT Horizons 2019: Dynamism of TMT sector set to continue
Challengers can reach scale seemingly overnight, forcing market change at a similar speed. Established business models are upended, driving consolidation and restructuring. Regulators rush to respond, radically reshaping the environment. These trends show no sign of slowing down. This year’s TMT Horizons includes 22 short articles contributed by our lawyers around the globe, focusing on
Hogan Lovells a sponsor at the WPB at INTA 2019, Julia Anne Matheson and Anna Kurian Shaw recognized
We were delighted to be one of the sponsors of The Women’s Power Breakfast (WPB) at the INTA 2019 Annual Meeting. IPMT partners, Julia Anne Matheson and Anna Kurian Shaw attended the invitation-only event on the firm’s behalf on Wednesday, May 22. The Women’s Power Breakfast, the brainchild of former INTA Executive Director Robin Rolfe,
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
Influencer promo guide: Best practices for drug and device firms
In our “Influencer promo guide: Best practices for drug and device firms”, we offered a list of best practices for medical device and pharmaceutical companies interested in taking advantage of the benefits of social media influencers for advertising their products, while adhering to FDA regulations. How can these companies be mindful of FDA rules while
China: Appetite for anti-unfair competition action in the Internet space
It’s been almost a year since the new “Internet clause” in China’s Anti-Unfair Competition Law (AUCL) is in force. The enforcement authority hasn’t used it much in 2018. But one decision is noteworthy. AUCL amendment On 1 January 2018, the first amendment to the AUCL since its enactment in 1993 came into effect. One of
A game changer? China enacts first e-commerce law
In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January 2019. This new law has a remarkably broad scope, encompassing many aspects of e-commerce,
China IP litigation and prosecution statistics: taking a step back to see the bigger picture
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
ITC Section 337 quarterly highlights
The ITC Section 337 series provides updates on recent U.S. International Trade Commission (ITC) Section 337 investigations as well as other timely ITC developments that affect your business. The latest news round-up from our Hogan Lovells ITC Section 337 practice, includes:: Comments on the new ITC rules for practice and procedure UV Cable Coatings For Optical
Setting the right example: China’s Supreme People’s Court selects the top 10 IP cases of 2017
China’s Supreme People’s Court (“SPC”) has recently published its list of the “top 10 significant IP cases” for 2017, which it has done yearly since 2007. Although these cases are not strictly binding precedents under China’s civil law system, these cases are used as persuasive judicial guidance for China’s courts at all levels. In this
China professionalises its IP judiciary: 15 specialised IP Tribunals now open for business
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
Two wins by the LEGO Group in China against Chinese copycats
The LEGO Group rarely puts itself under the spotlight by talking about litigation but it made an exception by commenting on its recent victories against two Chinese infringers. The IP lawyers behind said victories are from our Shanghai office and its associated office, Hogan Lovells Fidelity, in the Shanghai Free Trade Zone. Two Chinese toy makers (the “defendants”) were jointly
Life Sciences: Spotlight interview on false advertising claims in Europe
Life sciences businesses dedicate huge resources to advertising material in a fiercely competitive market. Partner Tanja Eisenblätter discusses false advertising in this sector and why it is important for clients looking to launch new products. Preliminary injunctions in Germany Tanja presents a typical business case in which a client’s global advertising and its competitors’ advertising are assessed for misleading or unlawful content. In
Germany: Federal Network Agency imposes record fine for cold call advertising
The German Federal Network Agency for Energy, Telecommunications, Post and Railway, has issued a record fine of €300,000 against an electricity supplier for systematic cold call advertising. Violations of the German Unfair Competition Act (UWG) generally involve the risk of competitors seeking cease and desist orders, or consumers claiming compensation. The violation of Sec. 7 UWG
Europe: IP Enforcement round-up
Since January, we have published 13 summaries of key IP enforcement developments, including 8 v-logs. This round-up outlines each commentary with a link to the full post, giving you the chance to catch up on any news you missed. 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
China: Whose voice is it? – The arbitral award is out… but the case is not concluded…
The Hong Kong International Arbitration Center (“HKIAC”) has recently issued its final award in the trademark litigation saga surrounding “The Voice of China” – which we first discussed here. This case is high-profile and interesting, because it involves parallel arbitral and judicial procedures (including a rare preliminary injunction) about the ownership of the rights in
Hard Rock Cafe I – Relying on unfair competition claims when claimant has no earlier trademark rights
In this two-part IP Enforcement v-log, we talk about the implication of earlier company name rights and the possibility to rely on unfair competition law when the claimant has no earlier trademark rights. To illustrate this topic, we will use the Hard Rock Cafe – case in Germany. A second v-log will follow, highlighting another key takeaway
France: No requirement for a domain name to be distinctive in unfair competition claims
In a decision of 6 December 2016, the French Supreme Court of the Judiciary (“Cour de Cassation”) provided a very useful clarification in relation to unfair competition claim (“concurrence déloyale”, a tortious action) based on domain names. The Cour de Cassation stressed that neither the distinctiveness nor the originality of a domain name were a
Germany: Unlicensed Hard Rock Cafe in Heidelberg Germany ceases operation
After years of litigation Hogan Lovells achieved a ground-breaking settlement for the Hard Rock Group. A restaurant with the same name which operated without a license in Heidelberg will cease to operate at the end of February. In return the Hard Rock Group waives part of the damage claims that were granted to it. Background:
Global bribery and corruption review – IP snippets
We’ve recently released our Global bribery and corruption review — a guide to developments in anti-bribery and corruption regulation and enforcement. In it we review events, examine trends, draw on our work with clients, and project what might happen in 2017. The review looks at a number of regions, including the United States, United Kingdom,
EU: Risk of IP litigation (Part I) – Cease and desist obligation = duty to recall?
In this IP Enforcement Focus v-log, we report on a surprising decision by the German Supreme Court that has the potential to have enormous practical relevance. The court had to deal with the question of whether a cease and desist order aimed at the distribution of infringing products includes the obligation to recall the products from third
France: Disparagement or FRAND offer?
A letter to the customers of a handset conceiver and seller, warning them against possible infringement, may constitute an offer for a Fair Reasonable And Non-Discriminatory (“FRAND”) license and is not constitutive of unfair competition. Wiko v. SISVEL, Commercial Court of Marseille, France 20/09/2016 The case reported is the first French FRAND-case initiated after the Huawei/ZTE
Europe: IP Enforcement round-up
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 to the full post, giving you the chance to catch up on any news you missed as 2016 comes to a close. IP Enforcement Focus is our series of written, video and audio
V-log: Technical standards slipping? Unfair competition claims can come into play
In this IP Enforcement Focus v-log, we highlight the key take-aways from a recent German Supreme Court decision dealing with unfair competition claims based on non-compliance of technical standards where the specific consumer is protected. Harmonised European standards set the bar for German law in this case, meaning that the implications widen to cover a range of jurisdictions