Clifford Chance
Global Intellectual Property Newsletter –26th Edition – IP Topics from around the Globe
5 June 2020
Welcome to the 26th edition of the Clifford Chance Global IP Newsletter that hopefully finds all of our readers well and in good health in these odd times.
In terms of content, this edition clearly reflects how enormously the Corona crisis has impacted our everyday and business lives within the past months. Therefore, you will find several articles from different jurisdictions covering legal issues evoked by this unprecedented crisis.
Our London team gives you an overview of measures recently implemented by courts and Intellectual Property Offices around the world in response to COVID 19.
Then, our Paris team also adopts a comparative approach and provides you with an overview on the topic of compulsory licensing in France and many other countries around the globe. The balance between private and public health interests underlying the aforementioned compulsory licensing regimes is then discussed in detail by our German team.
Italy has been greatly affected by the crisis which also triggered demands for “virus free” certificates for Italian food products. Our Italian colleagues discuss why such demands are unlawful.
Our Italian team also discusses the conflict between the contributions Big Data can make to collective safety on the one hand and the guarantee of data protection safeguards on the other hand, whereas our German team takes the increased use of 3D printers to manufacture medical equipment as an occasion to shed some light on the IP implications that come with 3D printing.
However, some important recent legal developments in the world of IP are wholly unrelated to the Corona crisis. For example, the efforts of establishing a Unified Patent Court have suffered a major setback resulting from a decision by the German Federal Constitutional Court, which is discussed by our German team.
Furthermore, the CJEU recently handed down a judgment on SPC for medicinal products in the Royalty Pharma case that is discussed by our Spanish colleagues. Our Spanish colleagues also have a look at the amendment of the Spanish Copyright Act, which entered into force on 2 March 2020. Further, in Italy, the Italian Supreme Court has clarified how to assess equitable remuneration of an employee inventor.
Returning to the issue of data, our Italian colleagues discuss digital heritage in light of its legal framework.
Last but not least, our German team takes China into focus, and sets out the relevant legal obstacles to the exploitation of German IP rights in the aftermath of an M&A transaction.
We hope you enjoy this edition of our Newsletter, and look forward to receiving your feedback.
Take Care!
Your Global CC IP Team
