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EU and U.S. leaders join forces to tackle global trade and technology challenges During the US-EU Summit, which took place in Brussels on 15 June 2021, European Commission President Ursula Von der Leyen and U.S. President Joe Biden launched the EU-US Trade and Technology Council (“the TTC”) to show a joint commitment to strengthening industrial leadership. According to Valdis Dombrovskis, Commission Executive Vice President and EU Trade Commissioner, the TTC should facilitate working together “to…
Data protection watchdogs call for a ban on automated facial recognition in AI Act. The European Data Protection Supervisor (EDPS) and the European Data Protection Board (EDPB) recently released a Joint Opinion on the European Commission proposal for a Regulation laying down harmonised rules on artificial intelligence (“AI Act”). While the Opinion is not binding on the Commission, the EDPS and EDPB are directly responsible for the enforcement of EU and national Data Protection rules.…
Non-fungible tokens (NFTs) have been around for many years but have recently gained huge traction, taking a variety of different forms such as digital kittens (CryptoKitties), sports highlights (NBA Top Shot), music album downloads (Kings of Leon) and digital art auctioned by Christies.  More recently, Sir Tim Berners-Lee sold an NFT that included the original source code for the world wide web. NFTs represent a new way for brands to directly engage with consumers in…
The European Commission recently unveiled an Artificial Intelligence (AI) proposal with the aim of setting a ‘global gold standard’ for rules in this cutting-edge sector. Bird & Bird’s International Regulatory & Public Affairs team organized a webinar to give a practical perspective on the new compliance obligations that will apply to developers of AI and users, as well as importers of AI systems. Feyo Sickinghe, who acted as a moderator, kicked off with an introduction…
A topic at the edge of intellectual property (IP) law is the ambiguous relationship between non-fungible tokens (NFTs) and copyright law. NFTs have been put under the spotlight this year, as several sales of NFTs recorded purchase prices exceeding a million dollars. Astoundingly, an NFT of a digital artwork, ‘Everydays: The First 5000 Days’ by Beeple, was sold by the famous auction house Christie’s for USD69.3 million in March 2021. It is unclear at this…
The introduction of the Consumer Data Right (CDR) regime under the Competition and Consumer (Consumer Data Right) Rules 2020 (Cth) (CDR Rules) changed the data regulation landscape in Australia. The Australian Government will spend AU$111.3 million of the Digital Economy Budget 2021-2022 on the CDR over the next 2 years. The budget will be used to continue the implementation of the CDR in the banking sector and to accelerate the rollout of the CDR to…
The UK Government has launched a much-anticipated consultation on the exhaustion of IP rights.  It is widely recognised that there will not be a consensus given the contentious nature of this subject, but the Government needs to make a decision on the future regime governing exhaustion.  It is therefore calling for as many responses as possible to help in gauging the volume of parallel imports and the impact of any changes to the rules. To…
2021 has been the year Non Fungible Tokens (NFTs) have entered the public conscious, with the mainstream media highlighting a range of high profile NFTs being purchased for substantial sums. Rebecca O’Kelly-Gillard and Toby Bond from Bird & Bird’s Intellectual Property group have recorded a podcast discussing the relationship between NFTs and IP law and the issues organisations will need to consider when taking steps to commercialise NFTs. Listen to the recording here: https://soundcloud.com/twobirdslaw/nft-podcast
The government recently published an update on its planned IoT cybersecurity legislation. Currently, IoT devices tend to be less secure than other parts of consumer networks. The legislation aims to make consumer IoT devices, such as smart watches and thermostats, safer for the public. Legislation should not only improve security but also increase customer confidence in the products. The new UK regulations will build on the existing Code of Practice for Consumer IoT Security and…
Recent months have seen a veritable flurry of legislative, regulatory and soft law initiatives and proposals. The measures often tackle similar sectors – all things digital often being in the eye of the storm – and contain seemingly similar measures. Below we briefly answer some of the questions we regularly receive, by putting the main elements of the most important recent initiatives together… so you don’t have to! Will the EU tackle foreign industrial champions…