24 September 2021
Welcome to the 31st edition of the Clifford Chance Global IP Newsletter.
We hope you have had a wonderful summer break.
We would like to start this issue with an introduction to the American Patent Trial and Appeal Board (PTAB). Our US certified patent attorney Ronny Amirsehhi gives an overview on the main benefits and risks of the proceedings, including some key facts and figures on timelines, costs, and trial statistics.
Following on from our last edition, where we had introduced India's and South Africa's aims to combat distribution issues with vaccination supplies arising out of the COVID-19 pandemic, our Italian team summarizes the position expressed by the Italian Group of the International Association for the Protection of Intellectual Property (AIPPI) regarding the waiver of patent protection of COVID-19 vaccines.
Staying with legislative developments in Italy, the Italian team will then introduce the newly released IP strategy by the Italian Government demonstrating its support for digital innovation.
Following the much-anticipated comeback of this year's Mobile World Congress ("MWC"), which was held in Barcelona despite the difficult circumstances due to the pandemic, our Spanish team reports back on what felt like a "decaffeinated" congress.
Ever-growing in importance, we will then turn to rights in data. With respect to the question of monetisation, our German team evaluates the exploitation of data as a "three-step process" from a European IP and contract law perspective. Furthermore, our Chinese team gives an insight into the key features of the new Chinese Data Security Law which aims to strengthen the scrutiny on data compliance requirements. Regarding the development of connected cars, our Italian team additionally analyses the newly released guidelines by the European Data Protection Board (EDPB).
Summer has also brought along new relevant decisions in the field of trademark and copyright law: Firstly, our Spanish team reports on the CJEU judgment concerning a sound mark submitted to be registered. The Polish Supreme Court's finding about the statute of limitations in cases of continuous trademark infringements will then be illustrated by our Polish team. Finally, the judgment by the Court of Appeal of Madrid concerning the co-authorship of copyrightable works will be introduced by our Spanish team.
Meanwhile in Germany, the Federal Constitutional Court has further paved the way towards the establishment of a Unified Patent Court by dismissing two preliminary injunctions filed against the ratification legislation.
We hope to conclude with something "easily digestible" as our German team offers some insights into the questions arising out of the recipes and manufacturing process of alternative food products and the different approaches to protecting such products through intellectual property law.
As always, we hope you enjoy reading this edition. We look forward to receiving your feedback. Take care!
Your Global CC IP Team