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Global Media and Communications Watch

The International Legal Blog for the Tech, Media and Telecoms Industry

Posted in Cybersecurity

All-Day Workshop: Privacy and Cybersecurity KnowledgeShare (Agenda & Speakers Announced)

Join us on Thursday 19 September for the Hogan Lovells Privacy and Cybersecurity KnowledgeShare in London.

We will share our latest thinking on the key privacy and cybersecurity issues faced by those with data protection responsibilities within organisations. Our all-day event will cover a lot of ground through incisive quick-fire presentations, Q&A panels and hands-on workshops.

We are particularly excited to announce that we will be joined by guest speakers:

  • James Dipple-Johnston; Deputy Commissioner (Operations) at the UK Information Commissioner’s Office
  • Jannine Aston; Director, Privacy Policy & Compliance, INTL at Verizon
  • Lien Ceulemans; Vice President and Associate General Counsel, Global Privacy at Salesforce

Date, Time & Agenda:

Thursday, 19 September 2019

08:30    Registration

09:00   Presentations:

  • Nailing the basics – key issues to get to grips with in the next six months
    • Lawful grounds for processing
    • People’s rights
    • Data Protection Impact Assessments
    • Regulatory engagement
  • Enforcement and the real risk-based approach (Q&A)
  • Addressing the challenges of the digital economyArtificial intelligence
    • Life sciences issues
    • Biometrics and facial recognition
    • IoT and product development
  • Making it all work in practice (Panel Discussion)

12:45    Lunch
14:00   Workshops

  • Cybersecurity – Prevention and incident response
  • Developing an international data transfers strategy – From SCC to BCR and beyond
  • e-Privacy: The impact of cookie consent
  • Regulatory investigations – Are you ready?
  • Brexit – A plan to cope with uncertainty?
  • Making sense of CCPA

16:30   Reception


Hogan Lovells
Atlantic House
Holborn Viaduct
London EC1A 2FG


You can register for the event by contacting our business development advisor, Joshua Prietzel.

Posted in intellectual property Anthonia GhalamkarizadehEugene Low

esports: IP opportunities and risks for brand owners

“esports” is competitive video gaming at a professional level. This space is attractive to brand owners for targeting today’s saturated audiences with innovative forms of advertising.

Combined revenues in the esports industry are expected to grow to US$ 1.4 billion by 2020. It is attracting investors from across diverse sectors, including technology, consumer goods, traditional sports and financial institutions.

We’re seeing new regulatory incentives on national and international levels and we’re observing self-regulation of IP ownership in the complex network of individual IP contributions that drive this industry.

Click here for our taster video

Posted in Cybersecurity

Privacy and Cybersecurity September 2019 Events

Please join us for our September events.

September 11
Data and Privacy in the Autonomous Car
Tim Tobin will speak on the webinar, “Data and Privacy in the Autonomous Car, What New Questions Might We Face?” presented by the Privacy + Security Forum. To register, please click here.
Location: Webinar

September 13
Medical Technology Executive Forum
Paul Otto will speak on cybersecurity & patient safety at the Medical Device Manufacturers Association’s 12th Annual Medical Technology Executive Forum.
Location: Palo Alto, California

September 16
Association of Independent Research Institutes Annual Meeting
Melissa Bianchi and Bret Cohen will discuss how AIRI institutes can best comply with the requirements and challenges presented by the GDPR as well as HIPAA, and other regulations during the panel, “The New Alphabet Soup of IT Compliance: GDPR, HIPAA and Other Regulations,” at the AIRI 2019 Annual Meeting.
Location: Washington, D.C.

September 18
Bloomberg Law Leadership Forum D.C.
Bret Cohen will speak on the panel, “Anticipating the Costs in Emerging Challenges,” at the Bloomberg Law Leadership Forum D.C.
Location: Washington, D.C.

September 19
Full-Day KnowledgeShare
The Hogan Lovells Privacy and Cybersecurity KnowledgeShare will share the latest thinking on the key privacy and cybersecurity issues faced by those with data protection responsibilities within organisations. The all-day event will cover a lot of ground through incisive quick-fire presentations, Q&A panels and hands-on workshops. To register, please click here.
Location: London

September 24
IAPP P.S.R. 2019
Chris Wolf will introduce excerpts from the play “Right to Be Forgotten” (to be premiered at Arena Stage in October) and will moderate a post-performance Q&A at the IAPP Privacy. Security. Risk. 2019 Conference.
Location: Las Vegas

September 24
IAPP P.S.R. 2019
Bret Cohen will discuss strategies for incorporating CCPA contracting into a company’s existing vendor management program during the session, “We Have to Do it Again? Vendor Management and Contracting After the CCPA,” at the IAPP Privacy. Security. Risk. 2019 Conference.
Location: Las Vegas

September 25
IAPP P.S.R. 2019
Michelle Kisloff will share insights and strategies for professional development during the panel, “Habits of Highly Effective Privacy and Security Professionals,” at the IAPP Privacy. Security. Risk. 2019 Conference.
Location: Las Vegas

September 25
IAPP P.S.R. 2019
Bret Cohen will explore what legislators and regulators think compatibility means during the session, “Searching for Compatible Uses in a Post-GDPR, Post-CCPA World,” at the IAPP Privacy. Security. Risk. 2019 Conference
Location: Las Vegas

Posted in Internet Julia Anne Matheson

New USPTO rule: Applicants and registrants to provide email address

The USPTO’s new all-electronic processing initiative has imposed a new requirement on all applicants and registrants to update their application and registration records to provide an email address for correspondence with the office.

That requirement is effective as of 5 October 2019 and applies even for applications that already identify an appointed attorney for USPTO communications. The email address will appear in the USPTO’s public records and will not be private. Accordingly, our recommendation is to provide a general contact email address rather than one associated with a particular person to avoid the necessity of frequent updates/revisions with internal changes of personnel. And, of course, to make sure that general email address is monitored for incoming communications.

Posted in intellectual property

September seminar: Improving social mobility in the IP profession

We’re excited to partner with IP Inclusive to host a seminar focused on social mobility in the IP profession. On 24 September 2019, join us for a discussion with not-for-profit organisations and other businesses around how they are working to improve social mobility within IP and legal professions, and explore strategies for how we can create a more inclusive and diverse working environment.

What’s lined up?

  • Keynote from Nicholas Cheffings, Chair of PRIME
  • Series of short talks from organisations and charities tackling these issues
  • Group discussions to consider how businesses can learn from outreach campaigns and implement similar initiatives in a corporate setting
  • Drinks, bites and networking

When: Tuesday 24 September, 2019

15:30    Registration
16:00    Presentations
18:00    Networking
19:00    Finish

Where: Hogan Lovells, London

Registration: For registration and further information please contact Joshua Prietzel

IP Inclusive are focused on providing training, raising awareness and providing support to IP professionals and making IP professions more inclusive.

Posted in Internet

U.S. government investigates potential threat to e-service providers: France’s Digital Service Tax

On 10 July 2019, the Office of the U.S. Trade Representative (USTR) initiated an investigation pursuant to Section 301 of the Trade Act of 1974 into France’s Digital Services Tax (DST) to determine whether the tax is discriminatory or unreasonable and burdens or restricts United States commerce.

Following an affirmative finding by USTR, the U.S. may take unilateral actions against imports of goods and services from France (including the imposition of a tariff or quota) or may initiate World Trade Organization (WTO) dispute settlement proceedings, among other actions.

Click here to read more


Posted in patents Klaas BisschopJoost DuijmLiselotte Cortenraad

Patent Litigation: Dutch Court of Appeal guidance on formal entitlement to priority

On 30 July, the Court of Appeal of The Hague ruled on the formal entitlement to priority following from a US provisional patent application (judgment in Dutch here). The attack on priority in this case is part of a recent trend by parties in patent litigation which aims to challenge entitlement to invoke priority under the Paris Convention and the European Patent Convention.


Biogen Inc., F. Hoffmann-La Roche AG and Genentech Inc. jointly own a European Patent (“EP“) which invokes the priority of a US provisional patent application (“P1“). P1 was filed by the two inventors, as was required under US law at that time. At the time of filing P1, one of the inventors was a Biogen employee (the “Inventor“). The EP originates from an international Patent Cooperation Treaty (PCT) application, which was jointly filed by all applicants of P1 plus additional applicants.

Celltrion claimed that the EP is invalid for lack of novelty, arguing that it is not entitled to invoke the priority of P1. According to Celltrion, the Inventor did not (timely) transfer the priority right to Biogen. The parties agreed that if the EP was not entitled to the priority right, a certain publication would destroy the patent’s novelty.

Biogen argued that the priority right was automatically transferred to Biogen at the time of its creation because the Inventor and Biogen had entered into an “Employee Proprietary Information and Inventions and Dispute Resolution Agreement” (“the Agreement“).

In 2017, the District Court ruled against Biogen and considered that Biogen was not entitled to the priority of P1 (and hence that the EP lacked novelty). Biogen appealed the decision and in its (interim) decision of 30 July, the Court of Appeal ruled on the formal entitlement to priority. However, it has not yet dealt with other validity arguments raised by Celltrion. Continue Reading

Posted in Copyright, intellectual property, patents Zhen FengEugene Low

Investing in China’s TMT sector: What you need to know

China is a market that represents a paradox for many telecoms, media and technology (“TMT“) companies. On the one hand it offers the promise of almost unlimited growth potential if you get the product right, but on the other it presents huge challenges from the regulatory and compliance perspective in terms of establishing a foothold in the market. The challenges include market access restrictions, data localization requirements, to name but a few. The market access and intellectual property protection issues in particular have been the focal point of the ongoing trade negotiations between the United States and China.

The good news is that China has and is likely to further relax restrictions on foreign investment in the TMT sector, regardless of the outcome of the trade war, although it is clear that such relaxations will be implemented to China’s timetable and may not go nearly far enough in terms of meeting the expectations of foreign investors. We have prepared this Guide to help investors understand the challenges and benefit from the opportunities in this rapidly-growing sector.

We’ve included a specific chapter on IP which deals with the following questions:

  • What kind of intellectual property rights are protected under Chinese law?
  • How can IP rights be obtained in China?
  • In what situations may the IP owner lose the IP rights?
  • How to protect and enforce IP rights when an infringement takes place
  • Why is protection of IP rights important for doing business in China and what should I do?

Please click here to download our full guide.

Posted in intellectual property, patents Jason Lohr

Webinar summary: Artificial Intelligence – Getting to grips with basics and legal implications

Jason Lohr (San Francisco) held the first in a series of internal webinars on the basics and legal implications of artificial intelligence (AI) and machine learning, highlighting their relevance to IPMT.

AI touches nearly every industry and is used to solve complex problems, spot and minimize risks, improve decision-making, and develop new products. Key issues and tips for navigating this complex area were covered, including:

  • The current state of AI and key concepts: As AI is still relatively new, the best way to develop a better understanding is to become familiar with the terminology and concepts surrounding AI. Concepts include data classification, inferring information from input data, and identifying objects by comparison with input data-set, machine learning and artificial neural networks (ANN), AI hardware characteristics, and patent filing trends. Further it is important to be able to distinguish between conventional technology, AI, and IoT (the internet of things).
  • Practical uses and instances of machine-learning and AI: Insurance risk analysis, service offering based on user behavior, automated legal document drafting—AI can provide these types of services through identifying and recognizing patterns to make informed decisions that can make our lives more efficient and safe.
  • Predictions of where AI is going: Examining the current state of AI can predict where it is heading. AI should be able to operate autonomously to communicate, create, and perform as a human would, opening up larger issues about Big Data & IoT.
  • AI as a legal tool: AI tools are predicted to affect the legal profession as cloud-based tools become more prevalent among in-house counsel. Law firms can use tools such as Luminance, Nalytics, and Lex Machina to review, analyze, assess, and minimize risks. However AI cannot fully draft a patent or contract, which is why paralegals and associates are still very much needed to conduct the actual legal analysis.
  • Concerns: With the excitement around AI comes concerns. Common issues include concerns over data protection, proof of compliance, due diligence, when to patent AI or machine learning, ethical considerations, risks, and non-lawyer assistance.

If you would like to attend upcoming sessions on this topic or require more details on any of the above issues, please contact Tara Hanley, Joshua Prietzel, or Jason Lohr.

Posted in Cybersecurity, Data Protection & Privacy Paul OttoW. James DenvilJulian Flamant

New York Enacts New Data Security Laws

On July 25, New York Governor Andrew Cuomo signed into law a pair of bills establishing new requirements for businesses that process certain personal information related to New York residents. The changes include expanding the scope of information covered by New York’s data breach notification law; defining breaches to include incidents involving unauthorized access to covered information, even where the information is not acquired; and requiring consumer reporting agencies who suffer breaches of social security numbers to offer up to 5 years of identity theft services. Businesses maintaining the private information of New York residents also will now be required to proactively develop “reasonable safeguards” within their organization as part of a new “reasonable security requirement.”

The “Stop Hacks and Improve Electronic Data Security Act” (SHIELD Act) expands the types of information covered by New York’s data breach notification law by adding:

  • Account numbers and credit or debit card numbers if compromised in circumstances where the numbers could be used to access the associated accounts without additional information;
  • Biometric information, defined as unique physical or digital representations of biometric data “used to authenticate or ascertain” a person’s identity; and
  • Online account credentials (username or e-mail address in combination with password or security question and answer).

Continue Reading