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Clifford Chance

Clifford Chance

Global IP Updates

IP topics from around the globe

What you need to know about Intellectual Property:

With our Global IP Updates, we continue our newsletter's legacy by providing you with insights into the latest developments in the world of IP.

Our IP teams around the globe are highly dedicated to collecting, summarising and contextualising the constant flow of new information on patents, trademarks, copyright, know-how and other areas related to IP protection for you. We also keep you up to date with the latest court decisions, legislation and the impact of technological innovations like blockchain, artificial intelligence or Internet of Things.

Interested? Then don't hesitate to join the conversation and reach out to our team!

Global IP Updates

  • Intellectual propertyTechnologyUnited Kingdom Trade mark protection in the metaverse

    The provision of goods and services in the metaverse has presented a new question for many brand owners: do we need to broaden our trade mark protection to cover goods and services in virtual worlds?

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  • Intellectual propertyTechnologyEurope Metaverse and privacy

    Recently, the Spanish Data Protection Agency published a blog entry analysing some of the implications that use of the metaverse may have for privacy.

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  • Intellectual propertyAsiaUnited Kingdom How are NFTs classified around the world? case updates and practical issues for buyers

    We will look at recent cases in the UK, Singapore and China which offer insights into how NFTs are considered in the legal context, and practical issues buyers may face when investing in NFTs.

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  • Intellectual propertyEuropeTelecommunications, media & technology Deepfake: the fine line between fiction and reality

    Deepfake technology has spread rapidly across the globe over the last few years and it is now time to regulate the phenomenon.

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  • Intellectual propertySpain Spanish Data Protection Authority imposes 10 million euro fine on Google, the highest to date

    This new decision confirms (once again) the upward trend in the fines imposed by the Spanish authority. Since 2020, the 1 million barrier has been broken at least 11 times.

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  • Intellectual propertyItaly The Italian Cybersecurity Strategy for 2022-2026

    The Italian government adopted the National Cybersecurity Strategy for 2022/2026 and its implementation plan, drafted and developed by the Italian Cybersecurity Agency (the "Cybersecurity Agency").

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  • Intellectual propertyItaly The Italian Cloud Strategy

    The Italian public administration is allowed to rely solely on cloud services provided in compliance with certain standards by duly qualified operators.

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  • Intellectual propertySpain EPO denies AI inventorship

    The EPO's Legal Board of Appeal announced its decision to reject patent applications in which an AI system was designated as inventor. The EPO confirmed that only a natural person can be attributed inventor status.

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  • Intellectual propertyItaly When the chips are down

    The supply chain of semiconductor is suffering an unprecedent global shortage emergency; tech companies and government are trying to remedy the multiple causes of the crisis and design a more resilient and less vulnerable chain.

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  • Intellectual propertyItaly Italy introduces law regulating data monetisation and digital contracts

    A recently enacted law in Italy expressly states that personal data can be traded to receive digital content and services.

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  • GermanyIntellectual property EU IP Office launches first blockchain-based IP register

    For several years now blockchain technology, in particular its major use case: blockchain-based crypto assets (like Bitcoin), is on the rise. Due to its decentralized nature, blockchain offers a verifiable, tamper-proof register to record any information stored in it by its users.

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  • Intellectual propertyGermanyItaly Exploitation of data

    As we are all well aware, data and the many use cases for unlocking its hidden potential are becoming increasingly important for virtually all industries and sectors. Common buzzwords like "Oil of the 21st Century" or "Industry 4.0" refer to a global trend focusing on the exploitation and, in many cases, monetisation1 of data.

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  • Intellectual propertyHong Kong SAR The new China data security law

    The DSL is the first nationwide law on data security enacted from the perspective of national security protection in China. Before the promulgation of the DSL, the framework for data protection in China was laid down by the Cybersecurity Law ("CSL") which imposes cybersecurity requirements on network operators. The data protection framework will be supplemented by the Personal Information Protection Law ("PIPL") with a focus on personal information protection, which will come into force on 1 November 2021

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  • Intellectual propertyItaly The EDPB guidelines on connected cars

    Like many other sectors, the automotive industry is not immune to technological challenges from the digital world. Such challenges prompted the European Data Protection Board ("EDPB") to adopt guidelines on connected cars. Their aim is to facilitate compliance with the GDPR and the e-Privacy Directive by the various stakeholders involved in the processing of personal data within the connected car ecosystem.

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  • Intellectual propertyInternational An isolated case or a precedent after all? – The WTO decision on the suspension of patent protection

    In the context of the COVID-19 pandemic, the right balance between the grant of absolute rights (through patents) in contrast to free use of the patented subject in accordance with public interests and health has become increasingly important. Against this background, this article shall shed light on the recent Decision WT/MIN(22)/W/15/Rev.2. 17 June 2022 (22-4709) of the World Trade Organization ("WTO") on a temporary suspension of patent protection in exceptional cases ("Decision").

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  • Intellectual propertyGermany German Case Law ruled incompatible with Article 9 (1) Directive 2004/48/EC

    This article sets out the reasons for previous German case law on preliminary injunctions in patent disputes having been ruled incompatible with Art. 9 (1) Directive 2004/48/EC (the "Directive" or "IPRED") by the Court of Justice of the European Union ("CJEU") and provides details of the resulting practical implications.

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  • Intellectual propertyItaly Recent patent applications in Italy

    The trend may seem paradoxical: in the midst of an unprecedented crisis such as that caused by the pandemic (and now the war), data show that patent applications in Italy are increasing.

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  • Intellectual propertySpain Twist to the patent war between food processors by the Provincial Court of Barcelona

    Patent validity and infringement were at issue in this recent Judgement handed down by the Provincial Court of Barcelona, which, in a twist to what was held by the Specialised Patent Division in the First Instance Judgement, brings to a close the second instance of proceedings concerning a food processor dispute between Vorwerk and Lidl.

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  • Intellectual propertySpain Preliminary draft amendment to the Spanish patent, trademark and design acts: main changes envisaged

    A preliminary draft Act amending the laws governing Spanish patents, trademarks, and industrial designs - Law 24/2015 of 24 July on Patents, Law 17/2001 of 7 December on Trademarks, and Law 20/2003 of 7 July on the Protection of Industrial Designs ("Preliminary Draft Amendment") - was published on 20 October 2021.

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  • GermanyIntellectual property Implications deriving from the now codified exclusion to injunctive relief based on the principle of proportionality under the revised German Patent Act

    This year's reform of the German Patent Act ("PatG") has brought about several important changes. This article addresses the practical implications deriving from the now codified exclusion to injunctive relief.

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  • Intellectual propertyGermany Moving forward: the German federal constitutional court rejects two preliminary injunctions lodged against the agreement on a Unified Patent Court

    Establishing a new unitary court with exclusive jurisdiction over European patents with unitary effect and eventually all European Patents represents an important aspect of the EU's efforts to reform the European patent system. But even though politically the UPC and patent reform have always enjoyed great support, the legal prerequisites of the ratification process have caused some unexpected difficulties.

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  • Intellectual propertyItaly Position paper of the Italian group of AIPPI on the waiver for certain provisions of the TRIPS agreement for the prevention, containment and treatment of Covid-19

    On 2 October 2020, India and South Africa submitted to the Council for TRIPS the first proposal suggesting a waiver for all WTO members on the implementation of certain provisions of the TRIPS Agreement in relation to the prevention, containment or treatment of Covid-19. On 25 May 2021, a revised proposal was submitted with the Council by 62 co-sponsors (out of 159 WTO member states), including India, South Africa and Indonesia. The submission of the proposal, as subsequently amended (the "Proposal"), resulted in a lively debate among the WTO members.

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  • Intellectual propertyItaly IP strategy for 2021 to 2023

    In the last IP update, we focused on the IP Strategy for 2021-2023 pursued by the Italian government in the context of the Piano Nazionale di Ripresa e Resilienza ("PNRR"). The IP Strategy 2021-2023 is indeed part of the 1st Mission laid down by the PNRR, whose purpose is to "innovate the country and to bring about deep structural changes along the lines of a new digital paradigm".

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  • Intellectual propertySpain Disputes over Intellectual Property Rights significantly reduced

    Fortunately for a lot of people, COVID-19 did not succeed in cancelling the MWC 2021, which was held from 28 June to 1 July 2021 and once again made Barcelona the worldwide epicentre of the mobile connectivity sector.

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  • Intellectual propertyGermany IP protection for alternative food products

    With the food industry producing more and more alternative food products – like vegan cheese or vegetarian burgers (?) – the question arises if and how these products can be protected by intellectual property law. In particular, protection for the recipe and manufacturing processes for these products is crucial for a sustainable competitive position. In this context, protection may potentially be provided under the German Patent Act ("PatG") and the German Trade Secrets Act ("GeschGehG").

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  • Intellectual propertyItalyEurope Influencer Marketing: how do the Italian regulators approach this phenomenon?

    Open any social media app today and you will likely come across an influencer showcasing a trendy new outfit from a well-known designer or a tasty meal cooked with the ingredients provided by the latest health food brand. But how do you categorise this content? Are they advertisements? Should the influencer, their agency, or the brand owner be obliged to comply with certain legal requirements? Let's look at the Italian regulators' approach.

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  • Intellectual propertyEurope Use of company designations in customer reference lists

    Munich Regional Court recently ruled on how companies can use their corporate personality rights to protect themselves against being (falsely) named as a company in customer reference lists.

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  • Intellectual propertyItaly Dispute greenwashing in advertising

    Proceedings before the regulatory authority, consumer and NGO actions (and class actions), and corporate disputes: three (potentially concurrent) routes to tackle "greenwashing" advertising claims in Italy.

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  • Intellectual propertyItaly Google Ads and the "safe harbour"

    In its decision no. 541 of 22 October 2020, the Italian Communications Regulatory Authority (Autorità per le Garanzie nelle Comunicazioni "Agcom") imposed a fine of EUR 100,000 on Google in relation to the activity of the Google Ads service, for having allowed, against payment, the dissemination of links to gambling sites in violation of the Italian ban on the advertising of games with cash prizes.

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  • Intellectual propertySpain Italian Competition Authority deems Google, Apple and Dropbox Cloud terms and conditions unlawful

    A preliminary draft Act amending the laws governing Spanish patents, trademarks, and industrial designs - Law 24/2015 of 24 July on Patents, Law 17/2001 of 7 December on Trademarks, and Law 20/2003 of 7 July on the Protection of Industrial Designs ("Preliminary Draft Amendment") - was published on 20 October 2021.

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