On 11 February 2020, five months after the German federal government adopted a blockchain strategy, the Bavarian state government implemented a blockchain strategy of its own, acknowledging that blockchain is a key digitalization technology. The Bavarian strategy paper
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EPO Publishes Grounds for Refusing AI-Invented Patent Applications
On 28 January 2020, the European Patent Office (EPO) published its reasons for two recent decisions refusing two European patent applications in which a machine named DABUS—”a type of connectionist artificial intelligence”—was designated as the inventor. The applicant had argued…
The United Kingdom Will not Implement the European Union Copyright Directive
Responding to a written question put to the UK Parliament on 21 January 2020, Government Minister Chris Skidmore stated that the UK has no plans to implement the controversial new EU Copyright Directive following the UK’s exit from the European…
Brexit – What Does it Mean for Businesses from an IP, Tech and Privacy Perspective?
Brexit is finally here. The United Kingdom leaves the European Union on 31 January 2020. The EU and the UK will now enter a transition period which is scheduled to last until 31 December 2020. During this time, the UK…
Artificial Intelligence – IP Challenges of AI and the Current WIPO Consultation on AI
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…
CJEU and German Courts Rule on the Copyrightability of Non-Fictional Literature
In addition to obvious examples of original art such as paintings, music and poetry, copyright protection can, inter alia, also extend to nonfictional literature such as technical reports and expert opinions. In several cases, the District Court and the Higher…
Court of Justice of the EU: A “Pre-Checked Checkbox” Is Not Valid Consent to Cookies under the GDPR
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…
German Data Protection Authorities Agree on New GDPR Fining Model
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…
Court of Justice of the EU Rules on Copyright Implications of Sampling in Music
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…
Safe As Houses – The PRC Issues Revised Draft of the Personal Information Security Specification
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.…