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Intellectual Property

NFTs – An Introduction and Some Key Intellectual Property Considerations

According to nonfungible.com, the global non-fungible token (NFT) market was estimated to be worth around $16.8 billion in 2021. In this article, we explore some of the key intellectual property considerations relating to NFTs.

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Artificial intelligence

Developers can now let an AI assistant write code for them - but what are the IP implications?

A year after its announcement, GitHub Copilot was launched last month to the public at large. The tool promises to "fundamentally change the nature of software development" by providing AI-based coding suggestions, saving developers time and effort. What are the intellectual property implications for those who build or buy software created using Copilot? The launch of Copilot also coincides with the UK Government's response to its public consultation on artificial intelligence and intellectual property, and the impact of the Government's proposals are also considered in the article.

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Data

Singapore's PDPC launches guide on personal data protection considerations for blockchain design

The Personal Data Protection Commission (PDPC), Singapore's main authority body for administering the Personal Data Protection Act (PDPA) , has published a guide on personal data protection considerations for blockchain design to help organisations with blockchain adoption by clarifying how to comply with the PDPA when deploying blockchain applications to ensure more accountable management of customers’ personal data.

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Data

Spanish data protection agency imposes 10 million euro fine on Google - highest fine to date

The AEPD concluded that Google had infringed articles 6 (lack of legal basis for the transfer) and 17 GDPR (right to erasure). Each of these infringements carries a fine of 5 million euros.

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Healthtech

UK Government Proposes New Legislation for Gene-Edited Food

On 25 May 2022, the Genetic Technology (Precision Breeding) Bill was introduced before the UK Parliament in a move to "cut the red tape" on the development of gene-editing technology, and to position the UK as a world-leader for investment in agri-food research and innovation.

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Tech

Is Web3 looking at a diversity problem?

Web3 is being touted as the future of the internet – introducing new concepts from the metaverse through to DeFi (decentralised finance) and augmented by other blockchain technology such as NFTs (non-fungible tokens). It also promises greater user participation and online communities that are no longer reliant on a handful of tech companies.

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Data

Dutch government fraud scandal leads to record-breaking GDPR fine

The Dutch data protection authority (DPA), Autoriteit Persoonsgegevens, has imposed a fine of 3.7 million euros on the Dutch Tax and Customs Administration (Belastingsdienst).This article discusses the background of the fine and addresses the broader implications.

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Fintech

Native issuances of DLT securities in Luxembourg, France and Germany and admission to the Luxembourg Stock Exchange Securities Official List

This article looks at how Luxembourg, France and Germany have taken the lead by adopting specific legislations allowing companies to issue securities directly on the blockchain, and thus providing the required legal certainty.

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Fintech

Japan to have world's first clear regulatory framework for stablecoins

Japan will soon have the world's first clear regulatory framework for stablecoins. This new framework has been developed following international discussions triggered by the announcement of the Diem (Libra) concept back in 2019.

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Latest Podcast

Talking Tech: Asia Pacific Antitrust - Australia in 2022

Sydney counsel Rob Tang and senior associate Ryan Draper examine broader trends behind Australia's crucial antitrust developments in the past two years, and key developments to expect over the course of the next year. They will also discuss the impact of such developments on digital tech platforms operating in an intensifying regulatory environment in Australia with increased consumer-driven and anti-competition litigation in the sector.

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Latest Webinar

'What is the Metaverse? Will it change the world, and why should I care? - Webinar

As investment floods into the Metaverse – a collection of immersive, integrated, virtual worlds where users can live, work and play – our panel of experts explored the practical applications of the Metaverse and the legal issues that will arise as it grows.

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Media & entertainment

The Metaverse: What are the legal implications?

As a growing number of tech companies invest heavily in the metaverse – which allows users to live, work and play in alternative virtual worlds – we explore the legal issues that it may give rise to, including data security and privacy, IP, copyright, and antitrust.

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Intellectual Property

Sheeran successful in copyright infringement lawsuit

High Court gives declaration of non-infringement relating to 'Shape of You'. The judge found that Sheeran had not copied Sami Chokri (performing under Sami Switch) song's 'Oh Why' hook. We explain why and what it could mean for similar claims

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Intellectual Property

Iconic British TV character 'Del Boy' considered a literary work in landmark UK judgment

Things aren't so "cushty" for parody dining experience company as the fictional character "Del Boy" from Only Fools and Horses is considered a literary work, and therefore protected by copyright, in a significant UK judgment.

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Data

Big Tech : The surge of GDPR claims from consumer protection associations - European Court of Justice decision strengthens position of Consumer Protection Associations

We look at the European Court of Justice's recent decision which ruled consumer protection associations may bring representative actions against data protection violations.

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Sport & gaming

"You can't win anything with kids" - Minor's data in sport – returns and regulations

Over the last two decades, there has been an industry wide acceleration, in sports, towards collecting and processing athlete personal data. This article looks at the use cases and hurdles of using minor's data in sport.

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Intellectual Property

Influencer marketing – key considerations for brand owners

The right influencers, the right audience, the right content and managing risk

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Talking Tech Newsletters

Fintech

Global Fintech Update

Our weekly global fintech round-up, summarises fintech regulatory developments that have happened around the world along with our Clifford Chance fintech publications and upcoming events

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Tech

Tech Policy Unit Horizon Scanner

The Tech Policy Unit Horizon Scanner is our monthly dive into the key tech policy and legislative developments around the world.

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ESG

Sustainability: ESG Developments

This monthly newsletter is intended to assist banks, financial investors and corporates in keeping up to date with ESG developments.

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Media & entertainment

The Advertising Brief

Our quarterly newsletter delivering concise summaries of the most interesting cases from the UK's Advertising Standards Authority (ASA) with our key takeaways for all brand owners to be aware of

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Fintech

Global Crypto Round-Up

This monthly newsletter provides you with a monthly brief into the world of digital assets, keeping you up to date with regulatory developments, publications and events from across jurisdictions.

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Cyber

Stories from the Wild

This monthly newsletter will bring you the latest stories in information security and cybersecurity.

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Latest Events

Bringing crypto into the mainstream: why cryptoasset regulation matters - Webinar - 29 June : 12:00 - 13:00 UTC

As cryptoasset markets continue to evolve, regulators and policy makers globally are responding to the risks and opportunities they present, including through introduction of new regulations. In this session, hosted with Lexology, we will discuss how cryptoasset regulation and supervisory approaches are developing across the UK, EU, USA and APAC, and consider the importance of regulation in underpinning the mainstream adoption of cryptoassets by financial investors, banks and other financial market participants. We will also look at how increasing adoption of cryptoassets may impact businesses outside of financial services. In this context we will cover:

  • Major regulatory developments and supervisory approaches across jurisdictions
  • How firms are preparing for new regulation, including challenges for cross-border businesses and regulatory arbitrage risks
  • Regulatory considerations for launching new cryptoassets, implications for companies issuing or investing in cryptoassets and the importance of correctly classifying cryptoassets within the regulatory framework
  • Regulation of cryptoasset service providers including custodians, exchanges and prime brokers

Visit Lexology to Register