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Although the opening ceremony of the next Olympic Games in Tokyo is still more than a year away, recent decisions of the German courts are already preparing the stage for commercial and advertising activities evolving around them. The courts are defining to which extent non-official advertising partners may use the Olympic designations “Olympiade”, (“Olympics”) “Olympia” (“Olympics”) and “olympisch” (“olympic”) or similar signs in a commercial context. German Law – OlympSchG In Germany, the Olympic designations…
The Mobile World Congress (MWC), whose latest edition  took place in Barcelona from 25 to 28 February 2019, is the largest mobile communications event in the world where new devices, applications and the latest developments in wireless and mobile communications technologies are showcased. This has given rise to a substantial increase in recent years of the IP rights-related conflicts in connection with new product launches at the fair, which are handled by the Barcelona commercial courts and, more specifically,…
On 6 February 2019 the House of Commons and House of Lords approved The Patents (Amendment) (EU Exit) Regulations 2018 (Patent SI), which, if it is signed into law, will come into force on Brexit day (i.e. 29 March 2019 or such later date as agreed as part of an extension). The purpose of the Patent SI is to fix issues relating to the UK patent system, including retained EU law (As defined in section…
Innovation in the life sciences and health care industries is occurring at a dizzying pace. Five years ago, anti-PD-1 antibodies from Merck and BMS had yet to be approved, CAR-T therapies were still in small-scale clinical trials, and digital health was seen as electronic step counters and little else. Today, cures are being found for diseases and conditions once considered life threatening or permanently debilitating. In the 2019 edition of our Life Sciences and Health Care Horizons
In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a Panel denied the transfer of a domain name because the Complainant failed to demonstrate that the Respondent lacked rights or legitimate interests in the disputed domain name. Background The Complainant was Pharming Group N.V. of Leiden, Netherlands, a company founded in 1988.  The Complainant was a bio-pharmaceutical company dedicated to developing innovative products for…
On 27 and 28 March, our global IP team will take a look at some of the emerging opportunities and risks for brand owners exploring opportunities in the esports market: from innovative advertising and marketing activities during tournaments and within games, sponsorship of tournaments or teams, to merchandise and fan items (see our earlier post here). Esports refers to competitive video gaming at a professional level, with competitors playing matches in arenas with huge live…
In our February post, we wrote about the impact that Brexit would have on UK-based .EU domain name holders and registrants to be affected by Britain’s looming departure from the EU – including not only native Brits, but also European nationals resident in the UK.  Moreover, such registrants risk seeing their registrations cancelled, not only in .EU, but also in other European Top Level Domains (TLDs), if they do not take steps to comply with…
The U.S. Supreme Court has announced in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC that copyright owners must wait for the Copyright Office to formally grant, or refuse to grant, a copyright registration before filing an infringement lawsuit. This decision settles a longstanding circuit split over when copyright owners can bring suit, with some circuits following the “registration approach,” now confirmed by the Supreme Court, and others following the “application approach;” allowing infringement suits…
Our China team and Hogan Lovells Fidelity have recently secured an important victory for WAWI Xiamen (Chinese subsidiary of the leading German chocolate manufacturer Wawi Group), successfully defending it from a 3D trademark infringement claim before a Chinese court. The case involves cutting-edge IP issues such as the distinctiveness and infringement assessment for 3D-trademarks, and the non-infringement defence for Original Equipment Manufacturing (“OEM”). Background Wawi Xiamen, a chocolate manufacturer based in China, regularly receives orders…
The new Trade Secret Protection Act came into force recently in the Netherlands. The Act is an implementation of the EU Trade Secrets Directive, which seeks to improve and harmonise the standards of protection of trade secrets throughout the EU. The newly introduced confidentiality provisions, in combination with the availability of effective evidence collection opportunities as allowed by the Dutch Supreme Court, make the Netherlands an attractive venue for trade secret misappropriation litigation. It is…