Deal or no-deal? Implications for patents following a no-deal Brexit

This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as a highly unlikely, ‘worst-case scenario’. This series of notes provides an update on the government’s plan in light of a hard Brexit.

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Deal or no-deal? Implications for Trademarks and Design rights following a no-deal Brexit

This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as a highly unlikely, ‘worst-case scenario’. This series of notes provides an update on the government’s plan in light of a hard Brexit.

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Deal or no-deal? How a no-deal Brexit could impact Exhaustion Rights.

This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as a highly unlikely, ‘worst-case scenario’. This series of notes provides an update on the government’s plan in light of a hard Brexit.

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Deal or no-deal? Implications for Copyright laws in the event of a no-deal Brexit

This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright. A few months ago, the idea of a no-deal Brexit was only entertained as a highly unlikely, ‘worst-case scenario’. This series of notes provides an update on the government’s plan in light of a hard Brexit.

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Prize Promotions – Winner announcement requirement will not be enforced by ASA pending outcome of its GDPR consultation

The UK’s Advertising Standards Authority (ASA) has announced it will not enforce the CAP Code rule requiring promoters to publish or make available the name and county of major prize winners, pending the completion of work arising out of its GDPR Consultation (expected to be completed in the autumn). The Consultation, which closed in June 2018, is aimed at ensuring the CAP Code meets the standards set out in the General Data Protection Regulation (GDPR), which came into force on 25 May 2018.

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Getting The Deal Through – Gaming: Gambling regulation in Germany

Dr. Michael Stulz-Herrnstadt and Christoph Engelmann published the chapter on gambling regulation in Germany in the first edition of Gaming in the Getting The Deal Through series. This chapter provides an overview of the laws and regulations that apply to gaming companies in Germany. Topics include: licensed and unlicensed gambling, licensing requirements for land-based and remote gambling, advertising restrictions and current developments affecting gaming operators. You may download the complete chapter here.

Amendments to the Audiovisual Media Services Directive agreed.

The European Parliament, Council and Commission recently announced that they have reached preliminary political agreement on the principal revisions to the Audiovisual Media Services Directive (“AVMSD“). The negotiations will officially end in June this year when the remaining technical details of the proposal will be finalised. The AVMSD defines the audiovisual media services regulatory framework within the EU and the proposals aim to address societal shifts in this sector including the increase of Europeans, especially …

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IAAF publishes new Eligibility Regulations for Female Classification

The IAAF has published new “Eligibility Regulations for Female Classification” (the “Regulations“), which can be found here. The Regulations set out a number of criteria that athletes with “differences of sex development” must meet in order to be eligible to compete in the female category of track events between 400m and a mile (the “Restricted Events“) in an international competition (or to set a world record in such an event). The Regulations define “differences of …

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Bundesliga clubs confirmed 50+1 rule – but liberalisation plans for Investors are not off the table

For decades investors have been interested in German football. However, on 22 March 2018 the German Football League (“DFL”) voted in favour of generally retaining the 50+1 Rule. This rule, which is unique throughout Europe, was established in 1998 and in short means that investors cannot take over clubs as the clubs shall hold a majority of their own voting rights. German clubs are generally controlled by associations made-up of fee paying members, rather than …

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Global Media Sector Trends 2018

DLA Piper’s new Global Media Sector Trends 2018 report explores how new commercial opportunities are being created by disruption, specifically in relation to the rise of over-the-top (OTT) content, virtual / augmented reality (VR/AR) and the internet-of-things (IOT). The rise of OTT content is most exciting for companies in this sector. Some 82% of respondents stated that monetising content through OTT is a major growth area for their business. In parallel, 25% of participants expect more than …

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Filing of a literary work in court proceedings constitutes a breach of the Swedish Copyright Act

The Swedish Patent and Market Court of Appeal have ruled that the act of electronically submitting a short novel to the court as evidence in a court case constitutes an unlawful reproduction of the work and in breach with the Swedish Copyright Act. However, the filing of the work was not considered as a communication to the public or that the work was otherwise distributed to the public. A parent had submitted a private novel/letter …

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SCOTUS invites Solicitor General’s position on copyright registration pre-suit requirement

The Copyright Act (the “Act”) permits copyright holders to bring civil infringement actions in federal district courts to enforce the exclusive rights provided under the Act, namely, the rights to reproduce, distribute, display, publicly perform, and create derivatives of an original work of authorship.  However, an infringement action cannot be brought for a “United States work” until preregistration or registration of the copyright “has been made in accordance with [the Act].”  17 U.S.C. § 411. 

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First Swedish case against influencer regarding surreptitious advertising

A famous Swedish blogger and influencer in social media has been judged to have posted messages on her web-blog and Instagram account that were in breach of the Swedish Marketing Act. The posts have not been formulated and presented in a way that clearly states that it has been marketing. The posts have also been found to not clearly state who is responsible for the marketing. It was not considered enough to use the hashtag …

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