11 December 2019
Welcome to the 24th Edition of the Clifford Chance Global IP Newsletter. In this last edition of 2019, we would like to present recent trends and hot topics in the world of Intellectual Property around the globe.
We will start with patent law, particularly by discussing a recent judgment by the Paris Court of Appeal concerning the use of evidence collected during a seizure of a patented drug in France for proceedings abroad. Then, our Barcelona IP team will take a look at a landmark decision of the Court of Justice of the European Union on the issue of preliminary injunction-derived liability. Meanwhile, in Germany, industry’s demands for patent law reform to tackle the threat of patent trolls are growing. We will consider potential legislative solutions.
Turning to Tech, our Australian IP Team explores Australia’s current position regarding ownership of works generated by AI. Our colleagues from Hong Kong/China will provide you with an update on personal data, Artificial Intelligence and interim measures in arbitration in China.
Further, our Milan IP team examines the liability of Internet Service Providers and a recent judgment of the Court of Rome based on a distinction between active and passive providers, seemingly contradicting the CJEU ruling in the Facebook/ Glawischnig-Piesczek case which was issued the following day.
Our London-based IP team focuses on joint authorship in copyright under English law and elaborates on a recent judgment of the English Court of Appeal in the case of Martin vs Kogan. Another copyright case is discussed in a further article from our Spanish colleagues, in relation to a Spanish Supreme Court decision on the available compensation in cases of copyright infringement.
After that, you will find two trademark-related articles: first, our Italian team provides you with an update on changes to Italian trademark law following the implementation of the 2015 Trademark (EU) Directive in Italy. Our colleagues in Warsaw also discuss legislative developments in Poland, where the Polish Parliament has recently adopted amendments to the Polish Industrial Property Act granting Polish lawyers a right to represent clients in front of the Polish Patent Office in matters regarding registration and maintenance of geographical indications and industrial designs.
In previous editions, we have already covered progress in the implementation of the Trade Secrets Directive in Germany. Now, with the German Trade Secrets Act in effect, we examine the first decisions of courts in Munich and Berlin on this new act.
On an internal note: we are more than happy to welcome Loïc Lemercier and Tom Blanchet in Paris to our CC Global IP Team. Curious about our new French colleagues? Learn more about them in this newsletter. In addition, we present you the newly launched Italian “IP, digital and data” team led by our colleague Andrea Tuninetti Ferrari in our Milan office.
Your Global CC IP Team