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Global IP & Technology Law Blog | Squire Patton BoggsIntellectual property and technology attorneys at Squire Sanders covering legal trends and developments around the world.Global IP & Technology Law Blog | Squire Patton Boggs Squire Patton Boggs MenuHome About Contact Subscribe Global IP & Technology Law Blog SaaS Resellers: High Court rules on protection for SaaS resellers under Commercial Agents Regulations By Paul Jinks on October 28, 2024 Posted in Contract, Technology, UK For 30 years many third-party agents who buy or sell goods in Great Britain on the behalf of another (their principal) as opposed to in the agent’s own name have qualified for protection under the Commercial Agents (Council Directive) Regulations 1993 [The Commercial Agents (Council Directive) Regulations 1993] (the Regulations). If the criteria for the Regulations to apply is met, then they protect both individual self-employed agents and companies who act as agents. The Regulations stem from a 1986 EEC Council Directive [Directive – 86/653 – EN – EUR-Lex]. Equivalent protection for agents is in place in Northern Ireland [Commercial Agents (Council Directive) Regulations (Northern Ireland) 1993] with similar, but not always identical, protection across EU member states. Continue Reading Tweet this post Like this post Email this post Share this post on LinkedIn Tags: Commercial Agents Regulations, Kompakwerk GmbH v Liveperson Netherlands, SaaS, Software resellers, third party software The Sky Is Not Falling for the ITC in a Post-Loper World By Adam Hess and Matthew Stanford on October 18, 2024 Posted in Uncategorized Mandatory deference to an agency’s rulemaking may be gone, and numerous commentators fear that the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo will drastically alter the legal landscape surrounding agency decisions. But that does not mean that every agency or agency decision is in peril. We explore here the implications of the Loper Bright decision on the U.S. International Trade Commission (“ITC”), when it conducts investigations under Section 337 of the Tariff Act of 1930 relating to alleged violations of intellectual property rights (e.g., allegations of patent infringement), which typically involve decisions of technical and economic analysis rather than rulemaking. Our analysis suggests that the ITC’s body of experience and a long history of judicial review of ITC Section 337 decisions should minimize the impact of the Loper decision on Section 337 investigations. Continue Reading Tweet this post Like this post Email this post Share this post on LinkedIn Breaking News from Germany! Hamburg District Court breaks new ground with judgment on the use of copyrighted material as AI training data By Dr. Sandra Mueller on October 11, 2024 Posted in Artificial Intelligence, Copyright, Cybersecurity, Data Protection, Germany, Intellectual Property, Internet, Judiciary, Technology In an eagerly anticipated judgment dated 27 September 2024 (case number 310 O 227/23) the Hamburg District Court dismissed the complaint by photographer Robert Kneschke asserting claims for copyright infringement against non-profit Large-scale Artificial Intelligence Open Network (LAION) based on the use of his photograph in a data set for training AI image generators. Mr. Kneschke had uploaded his photo on a microstock photography website. The website’s terms of use provide for a restriction of using automated programs, applets, bots or the like to access content on the website including scraping. Continue Reading Tweet this post Like this post Email this post Share this post on LinkedIn Tags: AI, AI training data, Hamburg Court, IPT, LAION Dysfunctional Patent Families: The Federal Circuit Draws Two Different Conclusions on Whether a Later-Filed Patent Can Invalidate an Earlier-Filed One in the Same Family By Bryan Jaketic on September 27, 2024 Posted in Designs, Intellectual Property, Patent Litigation, Patents, US, USPTO When a patent application is allowed, the claims may not precisely cover everything that the applicant wants to protect. Rather than add new claims after a notice of allowance and prolong prosecution, applicants will commonly file one or more continuation applications to pursue different claims. The continuation has substantially the same specification and drawings as the original application and will claim priority to the original application, so it is treated as having the same filing date and – absent any adjustments due to patent office delay – the same expiration date as the original. But when such patents have different adjustments to their term, troubles may arise. The Federal Circuit’s most recent decision on this issue addresses some, but not all, potentially problematic situations, as we explain here. Continue Reading Tweet this post Like this post Email this post Share this post on LinkedIn Tags: patent application, patent family, patent infringement, PTA, USPTO Artificial Intelligence and Intellectual Property Legal Frameworks in the Asia-Pacific Region By Candice Kwok and Nicole Brenner on September 17, 2024 Posted in Artificial Intelligence, Copyright, Cybersecurity, Data Protection, Intellectual Property, Patent Litigation, Technology Globally, governments are grappling with the emergence of artificial intelligence (“AI”). AI technologies introduce exciting new opportunities but also bring challenges for regulators and companies across all industries. In the Asia-Pacific (“APAC”) region, there is no exception. APAC governments are adapting to AI and finding ways to encourage and regulate AI development through existing intellectual property (“IP”) regimes and new legal frameworks. AI technologies aim to simulate human intelligence through developing smart machines capable of performing tasks that require human intelligence. The expanding market for AI ranges from machine learning to generative AI to virtual assistants to robotics, and this list merely scratches the surface. Continue Reading Tweet this post Like this post Email this post Share this post on LinkedIn Tags: AI, APAC, Asia Pac, Human intelligence, machine learning, smart machine Part III: You’ve Got Patents! Or Someone Else Does… Where Can You Find Resolution? By Tamara Fraizer on September 12, 2024 Posted in Designs, Intellectual Property, IP Litigation, Life Sciences Biotech Pharma, Patent Litigation, Technology, US, USPTO As noted in Part I of this series, patent litigation can be a mechanism for parties to spar and evaluate patent rights, as well as each other, prior to making the business agreements that settle such disputes. Once a patent is asserted to be infringed with the filing of a lawsuit, the dispute can become risky and costly for both sides. Opportunities for settlement, discussed in Part II of this series, may appear and foster discussion. But agreeing on terms for resolution of a patent dispute often requires the assistance of a neutral third party in some form of Alternative Dispute Resolution (“ADR”). We discuss several options here. Continue Reading Tweet this post Like this post Email this post Share this post on LinkedIn Tags: ADR, AIPLA, ENE, JAMS, patent dispute, patent infringement, patent lit, Patent Mediation Guide, patent rights What’s So Confusing? Olympic Rings Tattoos Now Allowed By Squire Patton Boggs on September 9, 2024 Posted in Brand Protection, France, Marketing, Trademarks A few paralympic champions were disqualified in the past on the ground that the famous Olympic rings they had tattooed on their bodies could be seen during the competitions and this was forbidden by the rule set out by the International Paralympic Committee. The Olympic rings have been registered as trademarks in many countries and generate substantial revenue, and the rule was said to be justified due to a “risk of confusion” – a concept well-known to trademark specialists.  The rule against those with Olympic Rings tattoos nonetheless raised many questions and the ban was lifted right before the beginning of the Paris Paralympic Games.  Our French attorneys explain why this use of a registered trademark raised questions and some lessons to be learned from the actions of the Paralympic Committee actions. Check out the full post on our Sports Shorts blog here. Tweet this post Like this post Email this post Share this post on LinkedIn A New Era for Consumer Law and Regulation By Carlton Daniel, Tatiana Siakka and Ailin O'Flaherty on September 5, 2024 Posted in Advertising, Competition and Markets Authority, Consumer Law, Europe, Internet, Marketing, Subscriptions, Technology, UK Consumer law and regulation has been thrusted into the limelight in recent months. The main reason for this is the introduction of the Digital Markets, Competition and Consumers Act (DMCC Act), which received Royal Assent on 24 May 2024.  The changes introduced by the DMCC Act are significant and will result in both increased consumer rights protection, and a strengthened enforcement process which seeks to crack down on unfair practices. As a result, the regulatory risk in the business-to-consumer space is likely to rise quite significantly. Continue Reading Tweet this post Like this post Email this post Share this post on LinkedIn Tags: ASA, CMA, Consumer Law, consumer protection, digital markets, DMCC Act, regulatory risk, subscription contracts, UK IP Part II: You’ve Got Patents! Or Someone Else Does… What are the Opportunities for Settlement Once They’re Asserted? By Tamara Fraizer on August 27, 2024 Posted in Designs, Intellectual Property, IP Litigation, Life Sciences Biotech Pharma, Patent Litigation, Patents, Technology As noted in our related blog, only a small percentage of issued patents are ever asserted to be infringed with the filing of a lawsuit, even when infringed. Why? Because patent litigation is notoriously expensive and it’s risky for patent owners, as patent challengers more-often-than-not win and can invalidate the patent claims. Despite the costs and the risks, patent litigation is not ― as many may think ― akin to boarding a runaway train. Rather, patent litigation often serves as a mechanism for parties to spar and evaluate the patent rights, as well as each other, prior to making the business agreements that settle such disputes. So what do litigants need to know about the interface between litigation and its settlement? Understanding the stages of patent litigation, as discussed in our related blog, is essential. As discussed here, such understanding can empower litigants to proceed strategically and leverage events at the key stages of the litigation to resolve the dispute with a private settlement agreement. Continue Reading Tweet this post Like this post Email this post Share this post on LinkedIn Part I: You’ve Got Patents! Or Someone Else Does… What Happens When They’re Asserted? By Tamara Fraizer on August 19, 2024 Posted in Designs, Intellectual Property, IP Litigation, Life Sciences Biotech Pharma, Patent Litigation, Patents, Technology, US The number of patents issuing each year has increased dramatically since the Patent Act of 1952 codified US patent law — from fewer than 50,000 patents issued per year to around 350,000 patents issued per year for the last decade. Yet over the last decade, the number of patent litigations filed has fallen to fewer than 3,500 each year. By any metric, an extremely small percentage of patents are ever asserted. While cost and risk are factors, many patent owners and accused infringers shy away from patent litigation, perhaps due in part to a lack of information about its conduct and resolution. We provide here an introduction and brief overview. Continue Reading Tweet this post Like this post Email this post Share this post on LinkedIn Tags: infringer, patent infringement, patent law, patent litigation, patent owner, PTAB, US patent litigation, you've got mail Older Posts Stay Connected Subscribe By Email Your website url TopicsTopics Select Category Advertising Artificial Intelligence ASA Biotech Bitcoins Blockchain Brand Protection Brexit China Competition and Markets Authority Consumer Law Contract Copyright Counterfeiting COVID-19 Cryptocurrency Cybersecurity Data Breach Data Protection Designs Domain Names e-Commerce EU Commission Europe European Patent Office European Union Intellectual Property Office FDA Food and Drug Administration France Gaming & Gambling Germany Healthcare HIPAA IDEA Act Inclusion & Diversity Intellectual Property International Trade Commission Internet IP Litigation IPEC ITC Section 337 Judiciary Life Sciences Life Sciences Biotech Pharma Marketing Metaverse NFT Outsourcing Patent Litigation Patents Payment Terms Pharma Piracy Privacy PTAB Right of Publicity Roaming Regulation Russia Social Media Spain Subscriptions Supreme Court Team News Technology Telecoms Trade Mark Trade Secrets Trademark Infringement Trademarks TTAB UK UK Advertising Standards Authority Ukraine Uncategorized Unified Patent Court US US ITC USPTO Webinar Archives Archives Select Month October 2024 September 2024 August 2024 July 2024 May 2024 April 2024 March 2024 February 2024 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 August 2022 July 2022 June 2022 May 2022 April 2022 March 2022 February 2022 January 2022 December 2021 November 2021 October 2021 September 2021 August 2021 July 2021 June 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 September 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 Recent Updates SaaS Resellers: High Court rules on protection for SaaS resellers under Commercial Agents Regulations The Sky Is Not Falling for the ITC in a Post-Loper World Breaking News from Germany! Hamburg District Court breaks new ground with judgment on the use of copyrighted material as AI training data Dysfunctional Patent Families: The Federal Circuit Draws Two Different Conclusions on Whether a Later-Filed Patent Can Invalidate an Earlier-Filed One in the Same Family Artificial Intelligence and Intellectual Property Legal Frameworks in the Asia-Pacific Region SQUIRE PATTON BOGGS BLOGS Capital Thinking Down the Wire – Capital Markets Updates Employment Law Worldview Global IP & Technology Law Blog Global Investigations & Compliance Review Global Projects View Global Supply Chain Law Blog La Revue – Legal Updates from France Pensions and Benefits Privacy World Restructuring GlobalView Sixth Circuit Appellate Blog Sports Shorts The Public Finance Tax Blog The Trade Practitioner Triage Health Law UK Finance Disputes & Regulatory Investigations Blog frESH: Perspectives on Environmental, Safety & Health Global IP & Technology Law Blog Squire Patton Boggs Attorney Advertising Privacy Disclaimer ABOUT US Our Global IP & Technology Law Blog follows significant developments in intellectual property and IT law of interest to businesses engaged in the global economy. Our blog is a source for news and insights into international legal issues involving intellectual property and technology such as trademark and brand protection, patent prosecution and protection; trade secrets, data protection and privacy; and advertising and media issues. READ MORE Copyright © 2024, Squire Patton Boggs. All Rights Reserved. Law blog design & platform by LexBlogenusen-US1730841181https://iptechblog.com

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