Ongoing public consultations from the World Intellectual Property Organisation and others demonstrate a focus by IP policymakers on better understanding issues posed by artificial intelligence. In our newest Legal Update, we outline some key issues in relation to copyright ownership in AI-generated works and inventorship and ownership challenges for patent protection in AI-generated inventions. For more information, read our latest Mayer Brown Legal Update on these topics.…

On 1 October 2019, the Court of Justice of the European Union (CJEU) ruled on a number of questions which, inter alia, relate to the validity of consent to cookies “by way of a pre-checked checkbox” (Case C 673/17). Although the questions referred to the CJEU primarily related to provisions of the Privacy and Electronic Communications Directive (2002/58/EG), the CJEU stated that the questions  must be answered also in regard to the EU General Data…

According to recent press reports, the German data protection authorities have agreed on a new way to calculate administrative fines under the General Data Protection Regulation (“GDPR”). The new scoring model, which has not yet been officially published, could make fines of tens of millions of euros a reality in Germany. In contrast to their French and UK counterparts, Germany’s data protection authorities have so far been more restrictive in imposing GDPR fines.…

On 29 July 2019, the Court of Justice of the European Union (CJEU) ruled on the copyright implications of sampling in music and established criteria as to when sampling falls within the scope of artistic freedom. Sampling is taking a portion of a sound recording and reusing it in a different song. The case was brought before the CJEU following a two-decades-long legal dispute between German electro-pop band Kraftwerk and German producer Moses Pelham.…

On 2 January 2018, the Standardization Administration of China (“SAC”) released the final draft of “Information Technology – Personal Information Security Specification” (National Standard GB/T 35273-2017) (GB/T 35273-2017 信息安全技 术个人信息安全规范) (“Specification”). The Specification came into effect on 1 May 2018. The Specification sets out the recommended practices on personal information protection. Although the Specification is not legally binding, compliance is expected by the PRC authorities and may be taken into account when assessing a company’s…

In the world of intellectual property rights, there are cracks the law doesn’t reach—areas that do not sit squarely within copyright, patent, or trade secret law. Data is one of those areas. To protect their investments in data, businesses must mortar over the gaps. As part of our Technology Transactions Webinar Series, we will discuss the trowels for the job. The webinar will take place on Tuesday, July 23, 2019, 11:00 a.m. – 12:00 p.m.…