On 10 January 2017, the European Commission announced its proposal for new legislation which would update the law relating to privacy in electronic communications. The Commission has proposed a draft ePrivacy regulation that...more
On 10 January 2017, the European Commission announced its proposal for new legislation which would update the law relating to privacy in electronic communications. The Commission has proposed a draft ePrivacy regulation that...more
The German parliament adopted a series of amendments to copyright law designed to protect authors of copyright works (“authors”) against the perceived superior bargaining power of the copyright industry. The new rules...more
In a decision published on 21 December 2016, the Court of Justice of the European Union (“ECJ”) invalidated legislation in two EU member states – the UK and Sweden – requiring telecommunication operators to retain users’...more
The Preparatory Committee charged with the implementation of the Unified Patent Court (“UPC”) announced on 16 January 2017 that it anticipates that the UPC agreement would come into force in December 2017, at which point it...more
A recent decision of the Court of Justice of the European Union (“ECJ”) imposes restrictions on the use by member states’ law enforcement and national security agencies of telecommunication traffic and location records as...more
On 28 November 2016, the UK Government made a surprising announcement at the meeting of the Competitiveness Council (an EU institution), stating that it intends to ratify the Unified Patent Court Agreement, marking its first...more
A trademark registration for the shape of a product (usually in the form of a drawing or 3D illustration) can be useful, particularly where the product is recognised predominantly by its distinctive visual appearance....more
In a landmark decision that departs from previous case law, the Court of Justice of the EU, the highest court of the EU, held that a website operator that posts hyperlinks to another site that contains copyright materials...more
In April 2016, the European Union adopted new legislation on data protection. The part relevant to private enterprises (EU Regulation 2016/679) is known as the General Data Protection Regulation or “GDPR.” The GDPR is subject...more
Following the formal approval of the EU-U.S. Privacy Shield by the European Commission on 8 July 2016, the arrangement will come into force in the U.S. commencing 1 August 2016 and will provide a convenient framework to allow...more
7/20/2016
/ Binding Corporate Rules ,
Data Processors ,
Data Protection Authority ,
Department of Transportation (DOT) ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Personal Data ,
Self-Certification ,
Standard Contractual Clauses ,
Third-Party ,
U.S. Commerce Department
On 23 June 2016 the United Kingdom electorate took the historic decision in a national referendum that the country should leave the European Union. How will that impact EU trade marks (known until recently as Community trade...more
6/27/2016
/ Community Trademark ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
European Union Trade Mark (EUTM) ,
Intellectual Property Protection ,
Popular ,
Referendums ,
Trademark Registration ,
Treaty of Lisbon ,
UK ,
UK Brexit
It is not every day that a massive international TV hit show is found to infringe a trade mark. A decision of the English High Court, approved recently by the Court of Appeal, held that the popular 20th Century Fox teenage...more
5/2/2016
/ Corporate Counsel ,
Entertainment Industry ,
EU ,
Evidence ,
Intellectual Property Protection ,
Likelihood of Confusion ,
Passing Off ,
Trademark Infringement ,
Trademark Litigation ,
UK ,
Witness Statements ,
Young Lawyers
As seems to be in vogue recently (see explanation of significant change to Canada’s trade mark law here) the European Union adopted legislation to overhaul its trade mark law.
The reforms are numerous and amendments to...more
The European Union recently adopted new legislation introducing miscellaneous reforms to EU trade mark law.
The reforms are numerous and include the adoption of a new designation for the Community trade mark itself and...more
Significant uncertainty and concern regarding US companies’ ability to process and use personal data received from the EU has loomed since the October 2015 decision by Europe’s highest court invalidating the EU-US Safe...more
2/5/2016
/ Article 29 Working Party (WP29) ,
Binding Corporate Rules ,
Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Ombudsman ,
Personal Data ,
Standard Contractual Clauses ,
Surveillance ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
On November 6, 2015, The EU Commission published a communication addressed to the European Parliament and the EU Council in an attempt to reduce current legal uncertainties surrounding the transfer of personal data from...more
On 6 November 2015, The EU Commission published a communication addressed to the European Parliament and the EU Council, in an attempt to reduce current legal uncertainties surrounding the transfer of personal data from...more
The Court of Justice of the European Union (“CJEU”) held yesterday, in its decision in Schrems v. Data Protection Commissioner, that the decision of the European Commission of July 2000 which provides the legal basis under EU...more
10/8/2015
/ Binding Corporate Rules ,
Data Protection Authority ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Facebook ,
International Data Transfers ,
Ireland ,
Law Enforcement ,
Schrems I & Schrems II ,
Surveillance ,
US-EU Safe Harbor Framework
The Court of Justice of the European Union (“CJEU”) held yesterday, in its decision in Schrems v. Data Protection Commissioner, that the decision of the European Commission of July 2000 which provides the legal basis under EU...more
There are many ways in which online trade in counterfeit goods can be tackled. Unfortunately, they are often ineffective and in many cases expensive. ...more
On May 8, 2014, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) issued regulations to implement three Executive Orders issued by President Obama in March regarding the situation in Ukraine. The...more
5/19/2014
/ Barack Obama ,
Bureau of Industry and Security (BIS) ,
Due Diligence ,
EU ,
Executive Orders ,
Exports ,
Joint Venture ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Sanctions ,
SDN List ,
Tax Evasion ,
U.S. Treasury ,
Ukraine