Awaited with bated breath by stakeholders in the online industry and by IP right holders alike, the EU Commission published on 15 December its official draft for the Digital Services Act (DSA). The DSA is conceived as one of the central pillars for its ambition to shape Europe’s digital future. Its published draft aims high, both in the scope of … Continue Reading
On 15 December The European Commission published the long awaited Digital Markets Act proposal. The Proposed Regulation imposes a series of ex ante behavioural obligations on entities that the Commission designates as ‘gatekeepers’. The obligations for those designated platforms and the potential sanctions largely resemble behavioural remedies and fines that the European Commission might otherwise seek to impose under its … Continue Reading
The United States Supreme Court holds that adding a top-level domain, like “.com”, to an otherwise generic term does not automatically result in a generic composite, and that a genericness determination must consider the significance of the term to consumers. The case is U.S. Patent & Trademark Office v. Booking.com B.V., U.S., No. 19-46 (2020).
Booking.com – an online … Continue Reading
The COVID-19, and the various restrictions that have been implemented in response to it, are causing extraordinary business disruptions. Many organizations have had to modify their operational controls and accommodate a shift to remote working (among other adjustments). One key impact of COVID-19 involves an organization’s relationships with its IT service providers, which often play important roles in securing their … Continue Reading
Making (the Internet of) Things pay?
Will cars, fridges, watches, printers, and other moving and non-moving parts of the Internet of Things know value for money when they see it? At a time when the world is increasingly in need of connecting remotely, devices allowing transacting and paying remotely will be a common feature of the billions of devices that … Continue Reading
To meet your questions and concerns related to maintaining the principles of personal data protection in the face of the global COVID-19 pandemic, we have prepared a short guide to the key legal regulations and guidelines of authorities that you should keep in mind not only when conducting business and professional activity but also in everyday life.
1. COVID-19 Act… Continue Reading
The UK Government Department for Culture, Media and Sports (DCMS) has today published its initial response to the public consultation on the Online Harms White Paper, published in April 2019. In its response, DCMS gives an indication of how it plans to adapt the proposed regulatory framework to take account of some of the concerns raised by industry stakeholders, … Continue Reading
CZ.NIC, the Registry for the .CZ country code Top Level Domain (ccTLD), recently published the results of a survey that indicate that Czechs have once again rejected the possibility of registering Internationalised Domain Names (IDNs) under .CZ.
IDNs are domain names that contain at least one non-ASCII character – for example, a character with diacritics like é, ü, ñ, or … Continue Reading
UK Government set to move forwards with regulation on consumer IoT device security
The UK Government has just announced that it intends to draw up legislation aimed at ensuring that all consumer smart devices sold in the UK adhere to rigorous security requirements for the Internet of Things (“IoT“).
Over the last couple of years, the Government has … Continue Reading
Whilst political uncertainty may have businesses’ attention fixed, the Hogan Lovells Global Survey on Digital Regulation: ‘A Turning Point for Tech’ suggests that tech companies should be looking elsewhere. During yesterday’s launch at Hogan Lovells’ London Office, editor of the survey, Falk Schoening uncovered the 452 digital regulations that had been proposed across 16 jurisdictions in just six months of … Continue Reading
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 … Continue Reading
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 … Continue Reading
Russia is facing potential restrictions of foreign ownership in digital companies. This follows on similar restrictions over Russian mass media companies and online cinemas which took effect in 2016 and 2017, respectively. These proposed amendments coincide with the announcement of major e-commerce and foodtech JV deals in Russia with participation … Continue Reading
The National Cyber Security Centre (NCSC), an organisation of the UK Government that provides cybersecurity advice and support for the public and private sector, published an article earlier this year relating to a recent large-scale global DNS hijacking campaign. The article discusses the risks and solutions for protecting organisations against such attacks, whereby the Domain Name System (DNS) records of … Continue Reading
The Registry Minds + Machines Group Limited (MMX), which owns 32 new generic Top Level Domains (gTLDs) such as .VIP, .WORK or .LUXE, has recently launched a blocking service that enables trade mark holders to protect their rights across the adult namespace.
This new service enables trade mark holders to block domain name registrations under the four adult oriented gTLDs … Continue Reading
On July 16, 2019, Nathan Salminen, Allison Holt, and Paul Otto from the Hogan Lovells Privacy and Cybersecurity and Litigation teams presented a webinar, “Cyberthreats in the Internet of Things” where they explored some techniques that can be used to exploit potential vulnerabilities in connected devices and how those types of events impact organizations from a regulatory and litigation perspective.… Continue Reading
Previously, under the CNNIC ccTLD Dispute Resolution Policy (CNDRP) which governs the .CN (and .中国) domain in China, no complaints under CNDRP could be filed against a .CN domain which had been registered for more than 2 years.
This time bar led to debates as to whether it imposes an unreasonable time limit on the fair and equitable enforcement of … Continue Reading
Locking a domain name at the Registry level provides an added layer of security against domain name hijacking. Domain name hijacking occurs when an attacker gains unauthorised access to registration data for a domain name, thereby … Continue Reading
On Monday, April 29th 2019, policy makers and industry representatives from different IoT ‘verticals’ (agriculture, automotive, health, energy, aerospace) gathered in Brussels at the initiative of Vodafone to launch a conversation about the future policies applicable to the Internet of Things (IoT) in Europe.
Global Players Require Global Regulation
The debate emphasized how global any approach to IoT regulation should … Continue Reading
London, Paris, 4 June 2019 – Hogan Lovells recently represented Twitter in the first case brought under the new French ‘fake news’ law.
On 17 May a claim brought by Ms. Marie-Pierre Vieu (a European Deputy running for reelection) and Mr. Pierre Ouzoulias (a French Senator), against Hogan Lovells client Twitter France SAS, was dismissed by the Paris Civil Court.… Continue Reading
.CLUB Domains, the Registry operating the .CLUB new generic Top Level Domain (gTLD), has recently launched a new service that enables qualified trade mark holders to block .CLUB domain name registrations containing their trade marks.
During the Annual INTA 2019 Meeting, a panel was held on the EU General Data Privacy Regulation (GDPR) and the temporary removal of data for the WHOIS directory. IPMT Partner David Taylor spoke on the following GDPR issues and their impact on global brand protection.
When the GDPR came into force back in 2018, the Internet Corporation for Assigned … Continue Reading
Please join us for our June events.
Paul Otto and Tim Tobin are presenting at the Hogan Lovells Munich office’s privacy breakfast, “EU General Data Protection Regulation,” on privacy topics such as the California Consumer Privacy Act (CCPA), cybersecurity and data breaches, and sector-specific issues found in the life sciences and health care, automotive, and financial … Continue Reading
In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a Panel refused to order the transfer of a Domain Name because the Complainant failed to demonstrate that the Respondent registered the domain name in bad faith.
This decision serves as a reminder that having a trade mark does not … Continue Reading