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Clifford Chance

Clifford Chance

Briefings

Global Intellectual Property Newsletter –27th Edition – IP Topics from around the Globe

7 September 2020

Welcome to the 27th edition of the Clifford Chance Global IP Newsletter. After our previous publication focused largely on legal issues arising from COVID-19 pandemic, with this edition we take a step towards the new normal and hope to provide you once again with interesting insights on any and all current hot topics and developments in the world of Intellectual Property.

We will start with the Milan team taking a recent decision of the Court of Appeal of Milan as an opportunity to talk about patent litigation focusing on various remarkable interpretations by that Court regarding disclosure, interface between Court and European Patent Office, contributory infringement and damages.

This edition will then introduce the field of liability of online platform operators. Firstly, we will shine a light on the growing economic role of e-commerce platforms leading to a potential evolution and change in attitude in case law and legislation regarding their liability in France by our Paris team. This is followed by a take on liability of platform operators in respect to trade mark infringements by our German colleagues.

We will continue with an examination of three-dimensional trade marks by our German team, which particularly discusses their distinctive character. In the course of this edition, the trade mark topic is then revisited by our Spanish colleagues looking at the use of modernised versions of a trade mark and its implications for trade mark use. The subject area will later be completed by our Milan team giving an overview on the topic of trade mark infringements caused by influencers.

Thereafter, several European offices will present relevant national IP related developments in their respective countries. In this context, our Düsseldorf team will touch on a new attempt by German law makers to approve the agreement on a Unified Patent Court in Germany. The recent introduction of specialised IP courts in Poland with the aim of increasing the speed, expertness and efficiency in resolving IP-related disputes is then discussed by our Warsaw team. Finally, our Spanish colleagues provide us with an update regarding an amendment to the Spanish Copyright Act regarding management agreements between copyright holders and collective management organisations, as well as the multi-territorial licensing of rights in musical works.

Speaking of copyright law, our London-based IP team covers a recent decision in the “Brompton Bicycle Case” by the CJEU concerning copyright protection for functional designs, which suggests that there may be more intellectual property protection for product designers and creatives under European law than previously appreciated.

Finally, we do not wish to overlook the ongoing effects of the Coronavirus crisis entirely. Our Hong Kong team therefore bring the issues which arise from contact tracing in the COVID-19 environment into focus. The team discusses the mechanisms of contact tracing technology, its deployment in the APAC region and the legal concerns surrounding its use.

As always, we hope you enjoy reading this edition, and look forward to receiving your feedback.

Take Care!

Your Global CC IP Team

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