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Global Media and Communications Watch

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

Posted in Data Protection & Privacy

Privacy and Cybersecurity October 2019 Events

Please join us for our October Events.

October 15
Privacy + Security Forum
Bret Cohen is a speaker on the panel “The Notice Trap: When and How to ‘Inform,’ Provide ‘Explicit Notice,’ and ‘Disclose’ Under the CCPA” at the Privacy + Security Academy’s Privacy + Security Forum.
Location: Washington, D.C.

October 15
Privacy + Security Forum
Pete Marta is a speaker on the panel, “Best Practices for Preparing a Ransomware-Related Cyber Incident Response Plan,” at the Privacy + Security Academy’s Privacy + Security Forum.
Location: Washington, D.C.

October 15
Privacy + Security Forum
Tim Tobin is a speaker on the panel, “A Path to Anonymization: Through the Telecom and Health Lenses” at the Privacy + Security Academy’s Privacy + Security Forum.
Location: Washington, D.C.

October 15
Privacy + Security Forum
Britanie Hall is a speaker on the panel, “The Evergreen Privacy Program: How to Move Beyond the CCPA and GDPR Compliance Dates and Structure and Get Budget for More Everlasting Programs” at the Privacy + Security Academy’s Privacy + Security Forum.
Location: Washington, D.C.

October 15
Converge2Xcelerate Conference
Melissa Bianchi is a speaker on the panel, “Does a New Health Paradigm Impact Rights to Privacy and Personal Data?” at  the Converge2Xcelerate Conference.
Location: Boston

October 16
Privacy + Security Forum
Eduardo Ustaran is a speaker on the panel, “Data Transfer Mechanisms: Where Do We Go From Here?” at the Privacy + Security Academy’s Privacy + Security Forum.
Location: Washington, D.C.

October 17
Women, Influence & Power in Law Conference
Harriet Pearson will speak on the panel, “Protecting Your Data & Cybersecurity Post Acquisition,” at the Women, Influence & Power in Law (WIPL) Conference.
Location: Washington, D.C.

October 18
2019 Privacy and Access Law Symposium
Eduardo Ustaran will discuss legislative developments and practical compliance issues as they may impact Canadian organizations operating in Europe and the U.S. at The Canadian Bar Association Access to Information and Privacy Law Symposium.
Location: Ottawa, Ontario, Canada

October 23
ADAS & AV Legal Issues & Liabilities World Congress
Tim Tobin will present on existing regulations and regulatory guidelines, the common challenges; including industry voluntary guidelines and federal legislation at the ADAS & AV Legal Issues and Liabilities Conference.
Location: Novi, Michigan

October 24
Institutional Investor Legal Forum
Pete Marta will moderate the panel, “Cybersecurity: Confronting and Existential Threat,” where he will examine the current and emerging threat landscape, outline how firms are responding and consider the role of legal function in that program at the Institutional Investor Legal Forum’s Fall Roundtable.
Location: Washington, D.C.

October 24
Connect Cloud One
Harriet Pearson is a featured speaker at Connect Cloud One, a conference hosted by Accel and Salesforce Ventures for cloud company CEOs and investors.
Location: New York City

October 25
EEI Fall Legal Conference
Mark Brennan will speak on the panel, “Electricity & Telecommunications: A Primer on FCC Issues Affecting Electric Companies” at the EEI 2019 Fall Legal Conference.
Location: Philadelphia

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

Location:

Hogan Lovells
Atlantic House
Holborn Viaduct
London EC1A 2FG

Registration:

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.

Background

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.