On 7 August 2021, Germany formally ratified the Agreement on a Unified EU Patent Court (“UPC Agreement”). The ratification came after battles in recent years over the constitutionality of the ratification bill. In 2017, the German ratification was put on
The German legislature (Bundestag and Bundesrat) has passed a bill that will change German patent law. The bill will enter into force soon. Under the new law, injunctions in patent infringement cases will be restricted by proportionality considerations in individual
On 21 April 2021, the European Commission proposed a new, transformative legal framework to govern the use of artificial intelligence (AI) in the European Union. The proposal adopts a risk-based approach whereby the uses of artificial intelligence are categorised and
On 13 April 2021, the European Data Protection Board (“EDPB”) adopted two opinions (“Opinions”) concerning draft UK adequacy decisions published by the European Commission which would permit the free flow of personal data from the European Economic Area (“EEA”) to
In an increasingly interconnected world, preserving the free flow of data across borders is crucial to the prosperity of businesses operating in every industry. But over the last year, there have been a number of important data protection developments in
A decision issued on 15 March 2021 by the Bavarian Data Protection Authority (“BayLDA”, publication pending) is the first German enforcement action in connection with last year’s decision of the Court of Justice of the European Union (“CJEU”, “CJEU’s Decision”)
In a recent decision on patent infringement under the doctrine of equivalents, the German Federal Court of Justice confirmed its case law that each limitation of the claim must be met in the accused device, either literally or equivalently. Specifically,
The Spanish Data Protection Authority (“Agencia Espanola Proteccion Datos – AEPD”) has recently issued its highest fine to date, totaling €8.15 million for several breaches of GDPR and national legislation by a multinational telecommunication company and its service providers. Notably,
On 28 October 2020, the German Federal Government passed a bill to simplify and modernize the German patent law. The bill is expected to pass the German Parliament (Bundestag) early next year. Once the draft law passes, injunctions in patent
Since enacted in August 2018, the entry into force of the Brazilian Data Protection Law (No. 13,709 – “LGPD”) has been subject to several changes. First it was supposed to be effective as of February 2020; then August 2020; and