Clifford Chance
Global Intellectual Property Newsletter – 25th Edition – IP Topics from around the Globe
8 March 2020
Welcome to the 25th Edition of the Clifford Chance Global IP Newsletter. In this first edition of 2020, we would like to present current trends as well as particularly relevant challenges in the world of IP law around the globe.
We will start with the evolution of IP protection for artificial intelligence in France, particularly by discussing the patentability of AI systems’ inventions and the challenges regarding the protection of artificially created works in France.
Back to trademarks, our London office analyzes a recent decision of the Court of Justice of the European Union regarding the clarification of grounds for EU and national trade marks’ invalidity. Our colleagues in Barcelona take a look at a decision dated 3 October 2019 handed down by the Supreme Court of Spain holding that the financial compensation foreseen in Art. 43.5 of Spanish Trade Mark Act does not apply in any case.
Our Düsseldorf team provides you with an update on the use of cookies, specifically analyzing the liability risks in case of violations of the relevant data protection laws against the background of the increasingly strict requirements for the use of cookies as set out by ECJ case law.
Further, this edition talks about significant modifications of the French IP framework the so-called PACTE law, a new law on Business Growth and Transformation. In China, we explore two recent efforts to strengthen the process for resolving patent disputes. Remaining in the world of patents, we will also shed some light on the most relevant changes regarding the first discussion draft on the planned reform of the German Patent Act recently issued by the ministry of Justice and Consumer Protection, before outlining the legal implications of a new special law proposed by the Italian government with respect to ambush marketing which is currently still subject to discussion and approval by the Italian parliament.
Finally, turning to the world of social media, the last article of this edition concerns the higher legal standards applicable to influencers set by the Spanish self-regulation body for advertising disputes, and their impact on Spanish advertising law.
