Clifford Chance

Global Intellectual Property Newsletter –29th Edition – IP Topics from around the Globe

16 March 2021

Welcome to the 29th edition of the Clifford Chance Global IP Newsletter.

While the impact of the COVID-19 pandemic may have swept away many agendas over the past year, we are looking ahead to a year of new plans and transitions in 2021. Its first quarter has already brought many changes and we are hoping to provide you with an interesting overview of some of the recent trends and developments in the world of intellectual property law.

As of 1 January 2021, the Brexit transition period has finally come to an end and the UK is no longer bound by EU law. Our London team explains the changes to UK IP law that have come about as a result of Brexit and the implications this has had on IP rightsholders both in the UK and beyond.

With the next article, we are taking a look at another country that is currently undertaking significant changes to their IP law: In the People's Republic of China, the lack of protection of IP is still a major concern for foreign companies seeking to do there. Our Chinese team together with our German team have compiled an overview of the key adaptions to IP law the Chinese Government has recently made to address these concerns.

The German team further reports on a recent decision by the EPO Technical Board of Appeal regarding AI inventions and sufficiency of disclosure pursuant to Art. 83 EPC. The articles takes a critical look on whether the way EPO applies Art. 83 EPC requirements sufficiently considers the differences between the predictability of traditional computer-implemented inventions and the unpredictability of AI inventions.

Speaking of patent law, our Spanish team covers a recent decision of the Barcelona Commercial Court declaring that Lidl has infringed the Thermomix patent.

Turning to trade marks, there is a recent decision of the Court of Appeal of Luxembourg ruled on the issues arising from enforcing trademark rights to prohibit the use of an identical domain name, showcasing the challenges parties face when bearing the burden of proof.

Last but not least, our French team gives an overview of the different means of protection available for non-personal data under French law.

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

Take Care!

Your Global CC IP Team

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