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

Category Archives: Copyright

Posted in Copyright, Policy & Regulation Penny ThorntonAlastair ShawMorten PetersennWinston MaxwellBenedikt LüthgeAlberto BellanAnne Schmitt

DSM Watch: EU Copyright Directive clears the finish line

On 15th April the Council of the European Union adopted the EU Copyright Directive (the “Directive”), ending a negotiation process which first started with the Commission’s proposal for a new Directive in early 2016. After publication in the Official Journal of the EU, Member States will have two years to implement the Directive. In Council the UK voted to adopt … Continue Reading

Posted in Copyright, designs, patents, Policy & Regulation Katharina BerghoferDr. Teresa ChristofDaniel KanekoCorey LeggettPhilipp SimonSteffen Steininger

Hogan Lovells’ U.S. + Germany Patent Update

Hogan Lovells’ U.S. + German Patent Update reports on recent patent news and cases from Germany and the United States. The most recent update is available in English here. This update covers the following developments across the U.S. and Germany:

United States

  • PTAB Has Discretion to Join Parties and New Issues in “Limited Circumstances” – Proppant Express Investments, LLC
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Posted in Copyright, Digital Single Market (EU) Penny ThorntonAlastair ShawMorten PetersennWinston MaxwellBenedikt LüthgeAlberto BellanAnne Schmitt

DSM Watch: EU Copyright Directive clears the finish line

Today the Council of the European Union adopted the EU Copyright Directive (the “Directive”), ending a negotiation process which first started with the Commission’s proposal for a new Directive in early 2016. After publication in the Official Journal of the EU, Member States will have two years to implement the Directive. In Council the UK voted to adopt the Directive, … Continue Reading

Posted in Copyright, designs, Policy & Regulation Sahira KhwajaClare Matheson

Real Estate Horizons: The Power of the Brand

Real Estate Horizons is a snapshot of key legal topics and market trends across the globe. This post higlights the importance of IP rights in this sector. With property developments increasingly focusing on experience and becoming “destinations” or lifestyle brands in their own right, branding has become an essential element of the development process. Therefore, protecting your IP rights is … Continue Reading

Posted in Copyright, designs, intellectual property, Policy & Regulation Alastair ShawPenny ThorntonWinston MaxwellMorten PetersennAlberto BellanAnne SchmittBenedikt Lüthge

DSM Watch: Navigating Article 13 (now 17) of the Copyright Directive

On 26 March 2019 the EU Parliament voted to pass the draft Copyright Directive (“Directive”) into EU law.  After adoption by the EU Council (representatives of Member State governments) and official publication, the EP’s adopted text will become EU law. Member States will then have until mid-2021 to implement it into their national laws. DSM Watch has already overviewed the … Continue Reading

Posted in Copyright, Digital Single Market (EU), intellectual property, Policy & Regulation Benedikt LüthgeAlastair ShawPenny ThorntonWinston MaxwellMorten PetersennAlberto BellanAnne Schmitt

DSM Watch: Copyright Directive press publishers’ rights: final edition of Article 11 is now Article 15

Yesterday (26 March 2019) the EU Parliament voted to pass the draft Copyright Directive into EU law.  After adoption by the EU Council (representatives of Member State governments) and official publication, the EP’s adopted text will become EU law. Member States will then have until mid-2021 to implement it into their national laws. DSM Watch has already overviewed the whole … Continue Reading

Posted in Copyright, Digital Single Market (EU) Penny ThorntonAlastair ShawWinston MaxwellMorten PetersennAnne SchmittBenedikt LüthgeAlberto Bellan

DSM Watch: EU Copyright Directive passed by European Parliament

Today the EU Parliament voted to pass the draft Copyright Directive into EU law.  After adoption by the EU Council (representatives of Member State governments) and official publication, it will become EU law.   Member States will then have until mid-2021 to implement it into their national laws.   Despite substantial opposition from blocks of MEPs and the large numbers of the … Continue Reading

Posted in Copyright, Digital Single Market (EU), Policy & Regulation Alastair ShawPenny ThorntonWinston MaxwellMorten PetersennAlberto BellanAnne SchmittBenedikt Lüthge

DSM Watch: EU Copyright Directive, the big picture

Agreement on a compromise text for the new Copyright Directive was reached between Member State government representatives, EU Parliament representatives and the EU Commission last week (see our “Breakthrough” post). On 20 February 2019, EU Governments formally voted, by a majority, to approve that compromise text: Italy, Poland, Luxembourg, the Netherlands and Finland opposed it; Belgium and Slovenia abstained.   … Continue Reading

Posted in Copyright, Cybersecurity, Digital Single Market (EU) Burkhart Goebel

Global IP Outlook 2019 – Two steps forward and a look back

2018 posed new opportunities and challenges for IP-rich businesses, with major new legislation introduced in Europe to govern trademark and trade secret protection; significant and transformational case law in the U.S., and the confirmation of new planned IP-specific legislation for several jurisdictions in Asia.

We’re here to help you keep abreast of these changes and understand how they impact you. … Continue Reading

Posted in Copyright Penny ThorntonAlastair Shaw

EU Copyright Directive: Breakthrough

Last night the Commission, the European Parliament and the Council finally agreed the text of the long-awaited draft Copyright Directive. This followed a breakthrough compromise on the liability of platforms for making available user-uploaded content (Article 13). See our earlier blog of yesterday.

The next step will be a vote in the EU Parliament on the agreed text and, assuming Continue Reading

Posted in Copyright, Technology

IP in the mix: European Parliament adopts resolution on DLTs & blockchains

The European Parliament has adopted a non-legislative resolution on distributed ledger technologies (DLTs) and blockchains. In the resolution, which was adopted last month, the Parliament emphasised that the EU has an opportunity to become “the global leader” in the field of DLT and to be a “credible actor” in shaping its development and markets globally. The resolution discusses potential … Continue Reading

Posted in Copyright, e-commerce

EU Commission provides guidance on new Geo-Blocking Regulation

In the European Commission’s plan to create a unified Digital Single Market, the measures to promote e-Commerce are well ranked. A reason for that is the increasing impact that the digital world, and especially online shopping, is having on our lives. The Internet per se recognizes no border, and therefore artificial barriers may feel even more misplaced. To tackle … Continue Reading

Posted in Copyright, Digital Single Market (EU)

DSM Watch: EU copyright “Value Gap” – A video guide

The European Copyright Directive seeks to strike the right balance between the remuneration received by authors and performers, and the profits made by internet platforms when they make their works accessible. This difference is known as the value gap. Our 4 minute video summary covers the following points:

  • What is it?
  • What’s the issue?
  • What about liability?
  • What’s the challenge?
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Posted in Copyright

U.S.: Innovation Lounge networking event, October 17

Join us on October 17 for our Hogan Lovells Innovation Lounge, a networking event in our Washington, D.C. office aimed for associate-level attorneys and professionals with an interest in tech. Catch up with old friends and make new connections as a panel of industry disruptors discuss their cutting-edge technologies and the legal issues that arise in development and commercialization. … Continue Reading

Posted in Copyright Lea Kaase

Provider liability: First YouTube, now “uploaded” – next case before the CJEU

Only two weeks ago, the Federal Court of Justice (BGH) referred various questions to the Court of Justice of the European Union (CJEU) concerning the liability of the video platform YouTube. There, the court’s queries focused on who is actually responsible for unlawfully uploaded content – just the uploader himself or the service provider as … Continue Reading

Posted in Copyright, Policy & Regulation

DSM Watch – New EU Copyright Directive: Parliament votes to retain controversial aspects

After weeks and weeks of debate and the failure to reach a parliamentary consensus in July, the European Parliament today paved the way towards the long-awaited start of the trilogue negotiations amongst the Parliament, the Council and the Commission. The copyright reform is therefore progressing, which is good news as such.

However, it was once again a rather close vote … Continue Reading

Posted in Copyright, Digital Single Market (EU), Policy & Regulation

New Copyright Directive: Tension rises in anticipation of European Parliament’s vote

Once again, the debate regarding the controversial DSM Copyright Directive is picking up steam. This week, the European Parliament will liaise about the various amendments that will be tabled by a number of different groups of parliamentarians from various political backgrounds.

As mentioned in our previous blogs and videos, on 5 July 2018, the European Parliament rejected by 318 … Continue Reading

Posted in Copyright Alastair ShawPenny Thornton

A second market for “used” e-books – CJEU will decide

Ever since the European Court of Justice (CJEU) in its highly regarded UsedSoft ruling declared the resale of “used” software admissible (dated 3 July 2012, C-128/11), the discussion has persistently centered around the question whether the idea of the so-called exhaustion, upon which UsedSoft is essentially based, could or should be extended to other digital content – such as … Continue Reading

Posted in Broadcasting, Copyright, Cybersecurity, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Policy & Regulation, Technology, Telecoms & Broadband Peter WattsPenny Thornton

The Brexit White Paper: A digital Brexit?

The UK Government’s White Paper sets out detailed proposals for the UK’s relationship with the EU following Brexit.

As described in our dissection of the document as a whole, the White Paper sees the digital economy as an area of global opportunity for the UK.   So what does the Government have to say about sector?

The White Paper’s distinguishes Continue Reading

Posted in Copyright, Technology

The EU Commission is set to address the challenges of three-dimensional printing

Additive manufacturing, more commonly called “three-dimensional printing” or simply “3D printing“, is a truly fascinating technology. Whilst the first experiments date back to the 1960s, with the first meaningful industrial applications following in the 1980s, only throughout the last couple of years has the technology really gained momentum. Meanwhile, the market is growing rapidly. The European Commission’s forecast … Continue Reading

Posted in Copyright, Digital Single Market (EU) Alastair ShawPenny Thornton

European Parliament votes to reject controversial Copyright Directive proposal

In a dramatic turn of events, the European Parliament has today voted to reject the compromise position on the controversial draft DSM Copyright Directive, which was adopted by the Committee on Legal Affairs (JURI) of the European Parliament on 20 June 2018. A debate on the draft Directive by the whole European Parliament is now set to take place on … Continue Reading

Posted in Copyright, Digital Single Market (EU) Alastair ShawPenny Thornton

DSM Watch: One step closer to a European copyright reform

After a long and intense debate – including several postponements – the Committee of Legal Affairs of the European Parliament (JURI) finally agreed on its position on the draft DSM copyright directive. Of course, the plenary is still required to hand down its final vote on JURI’s report. And the trilogue amongst the three legislative institutions is also to follow. … Continue Reading

Posted in Copyright Alastair ShawPenny Thornton

UK Supreme Court holds rights-holders should bear the costs of web-blocking injunctions

The Supreme Court handed down its much anticipated judgment in Cartier International AG v British Telecommunications Plc today. The Judges held unanimously that rights-holders should bear the costs of implementing website-blocking injunctions. In doing so, the Supreme Court reversed the Court of Appeal majority judgment. Although the case concerned blocking sites selling counterfeits, the judgment is not limited to online … Continue Reading

Posted in Copyright, Digital Single Market (EU) Alastair ShawPenny Thornton

DSM Watch: Copyright Directive moves a step closer as EU Council publishes agreed draft

On 25 May 2018, after months of discussions, the EU Council’s Permanent Representatives Committee (COREPER) finally agreed its position on the draft Copyright Directive (see the official press release here), although it has been suggested that Germany, Finland, the Netherlands, Slovenia, Belgium and Hungary did not support it.

The agreed text (read it in full here) will serve … Continue Reading