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

Category Archives: Policy & Regulation

Posted in Policy & Regulation, Technology Natalia Gulyaeva

2019 Chambers Global Practice Guide in Technology, Media, and Telecoms

A team of lawyers from Hogan Lovells contributed to the 2019 Chambers Global Practice Guide in Technology, Media, and Telecoms. They provided legal commentary and insights on TMT industry trends and developments impacting businesses in Russia and the Commonwealth of Independent States.

The chapter “TMT Trends and Developments in Russia” provides an overview of mass media and online cinema … Continue Reading

Posted in Copyright, designs, Internet, Policy & Regulation Julia Anne MathesonBrendan C. Quinn

N.D. California Straightens Out Competitor’s Use of Infringing Hashtags: #newdevelopments in Using Trademarks as Hashtags

The Northern District of California recently released an order that sheds new light on how courts grapple with the constantly-increasing use of trademarks as hashtags.

Align Technology, Inc., provider of the Invisalign teeth-straightening-system, also produces the iTero Element intraoral scanner that allows dentists to obtain three-dimensional scans of a patient’s mouth, teeth, and gums. To complement this product, Align sells … Continue Reading

Posted in Data Protection & Privacy, International/EU privacy, Policy & Regulation Joke Bodewits

Will Widened Class Actions Regime Boost Data Litigation in the Netherlands?

On 19 March 2019, the Dutch Senate approved legislation introducing collective damages actions in the Netherlands (the “Legislation”) which will broaden the regime even further. The Legislation introduces an option to claim monetary damages in a “US style” class action, including for violations of the GDPR. This Legislation together with the mechanisms already available under Dutch law put the Netherlands … Continue Reading

Posted in Policy & Regulation, Technology Michele FarquharAshley HowlettJohn CastleEugene Kim

2019 Winnik International TMT Forum: Media and Technology Convergence Panel

The 2019 Winnik International TMT Forum hosted by Hogan Lovells featured a panel discussion on technology and media convergence. Logan Breed, antitrust partner at Hogan Lovells, moderated the discussion as six thought leaders in media, technology, and competition law grappled with business and legal issues related to industry convergence. Panelists included Jeffrey Eisenach from NERA Economic Consulting, Richard Greenfield from … Continue Reading

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 Consumer Privacy, Policy & Regulation Mark BrennanJulian Flamant

Efforts to Expand CCPA’s Private Right of Action Remain in Question

The California legislature is considering significant amendments to the California Consumer Privacy Act (CCPA) ahead of the law’s January 1, 2020 implementation date. Of particular note has been the potential for CCPA amendments to expand the private right of action beyond violations of businesses’ duty to implement and maintain reasonable security procedures to instead cover violations of any CCPA right.… 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 intellectual property, Policy & Regulation Burkhart Goebel

Hogan Lovells named MIP Global Firm of the Year – Second year running!

Hogan Lovells global IPMT practice has been awarded the accolade of ‘Global IP Firm of the Year’ at the Managing Intellectual Property North America awards – becoming the first firm to win the award in consecutive years and the only firm to win it three times.

The award recognizes the strength of our global practice and the excellent work done … Continue Reading

Posted in intellectual property, Policy & Regulation

Join Us: Hogan Lovells Innovation Lounge

April 16 from 5:30 – 8:30pm || Hogan Lovells, Washington, D.C.

On April 16, join us for a networking event highlighting cutting-edge technology. Joining us are four industry trailblazers discussing a range of innovative technologies, research, and ideas. The conversation will explore existing and forthcoming legal issues associated with our panelists pioneering work. Hors d’oeuvres and drinks will be served … Continue Reading

Posted in Consumer Privacy, Data Protection & Privacy, Policy & Regulation, TMT2020 Mark BrennanSean Spivey

Commerce Secretary Ross to FCC: Overbroad TCPA Rules Could Have a “Devastating” Impact on Federal Agencies and the 2020 Census

As we head towards 2020, it’s time once again for the decennial U.S. national Census – one of the broadest data collections that the United States federal government undertakes to learn more about its citizens, recalibrate Congressional districts, allocate public funding, and deliver critical public services. But the government’s ability to conduct the upcoming Census is under threat from an … Continue Reading

Posted in Policy & Regulation, Technology Michele FarquharEdith RamirezRyan ThompsonEugene Kim

2019 Winnik International TMT Forum: Fireside Chat with Makan Delrahim

Last week, Makan Delrahim, Assistant Attorney General for the Department of Justice’s Antitrust Division, joined Hogan Lovells partner and former Federal Trade Commission Chairwoman Edith Ramirez for a fireside chat at the annual Winnik International TMT Forum hosted by Hogan Lovells. The discussion focused on the role of antitrust law in an age of media and technology convergence. Delrahim offered … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, International/EU privacy, Policy & Regulation, privacy and security litigation

Asia Pacific Data Protection and Cybersecurity Regulation: 2018 in Review and Looking Ahead to 2019

What is in store for data protection and cyber security regulation in Asia Pacific (APAC) in 2019?

2018 was a momentous year for data protection and cyber security regulation globally – the implementation of the European Union’s General Data Protection Regulation (GDPR) was, of course, the main event. The shockwaves of GDPR hit APAC with full force, coupled with the … Continue Reading

Posted in intellectual property, Internet, Policy & Regulation, Technology Jane Seager

EUIPO issues a Comparative Case Study on Alternative Resolution Systems for Domain Name Disputes

The European Union Intellectual Property Office (EUIPO) recently published a Comparative Case Study on Alternative Resolution Systems for Domain Name Disputes which highlights the main similarities and differences between various Dispute Resolution Procedures (DRPs), analysing in particular the different procedures, fees, timelines and case statistics.  The study also compared the likely outcomes of a few selected DRPs in relation … Continue Reading

Posted in intellectual property, Policy & Regulation, Technology Eugene LowAndrew McGintyStefaan MeuwissenAndrew CobdenYu-an Chang

China breaks new ground with Foreign Investment Law-related IP reform

In a recent move involving both the Chinese legislature (the National People’s Congress) and the executive branch (the State Council), China has overhauled two of its most important pieces of legislation governing inbound IP-related investments.

The first major change was the adoption of the new Foreign Investment Law (“FIL”) on 15 March 2019 (full text in Chinese here, English … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, Policy & Regulation, privacy and security litigation, Technology

Privacy and Cybersecurity April 2019 Events

Please join us for our April events.

April 2                             Trust in data, no longer a luxury?
Nicola Fulford and James Denvil will speak at the workshop,” Trust in data, no longer a luxury – Privacy, security, and consumer trust for 21st century,” at the Luxury Law London Summit. They will discuss some of the challenges of succeeding in a data-driven … Continue Reading

Posted in Data Protection & Privacy, Internet, Policy & Regulation

Crumbs of Comfort: the Advocate-General’s Opinion on Consent and Cookies in Planet49

It’s no secret that a hot topic, perhaps the hot topic, in the European data protection world at present is the interplay between the GDPR and the e-Privacy Directive, in particular how it affects online advertising involving cookies. The European Data Protection Board recently released an opinion on this topic (as we discuss here), and on 21 March the … 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 Consumer Privacy, Data Protection & Privacy, Policy & Regulation Mark BrennanSarah K. Leggin

Assessing the Evolving U.S. Privacy Landscape and the Road Ahead

New proposals to protect consumer privacy in the U.S. seem to be appearing every day. There are now more than 90 privacy proposals that federal, state, and local regulators and policymakers are considering as privacy continues to dominate the news cycle. Hogan Lovells partners Mark Brennan and Nicola Fulford led a panel of industry stakeholders at the INCOMPAS Policy Summit … Continue Reading

Posted in Data Protection & Privacy, intellectual property, Policy & Regulation, Technology

Consumer Horizons 2019 – IP in the mix

The Consumer industry is evolving at lightning speed, and the way consumer companies operate is shifting. From issues in supply chain to the digitalization of the consumer experience, companies are rapidly changing to keep up with consumer demands. Last year businesses in the consumer industry saw a wave of unprecedented disruption and transformation, and 2019 promises challenges of similar or … 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 Data Protection & Privacy, Policy & Regulation, privacy and security litigation Eduardo Ustaran

EDPB Joins the Dots of ePrivacy and GDPR

On 12 March 2019 at its Eighth Plenary Session, the European Data Protection Board (“EDPB”) adopted its Opinion 5/2019 on the interplay between the ePrivacy Directive (“ePD”) and the General Data Protection Regulation (“GDPR”). The Belgian Data Protection Authority had, on 3 December 2018, requested that the EDPB examine the overlap between the two laws and in particular the … Continue Reading

Posted in Cybersecurity, Policy & Regulation Trey HanburySarah K. Leggin

One IoTa of Consensus: Bipartisan Legislation to Improve Cybersecurity for Internet-Connected Devices Introduced

Members of Congress recently introduced a bipartisan proposal to enhance cybersecurity for the network of Internet-connected devices, commonly known as the Internet of things (IoT).

Senators Mark Warner (D-VA) and Cory Gardner (R-CO) and Representatives Robin Kelly (D-IL) and Will Hurd (R-TX) introduced the IoT Cybersecurity Improvement Act of 2019 and hope to establish baseline cybersecurity standards for IoT devices. … Continue Reading

Posted in intellectual property, Policy & Regulation, Technology Inmaculada Lorenzo

“IP Fast Action Protocol” facilitates processing of preliminary injunctions at Mobile World Congress 2019

The Mobile World Congress (MWC), whose latest edition  took place in Barcelona from 25 to 28 February 2019, is the largest mobile communications event in the world where new devices, applications and the latest developments in wireless and mobile communications technologies are showcased. This has given rise to a substantial increase in recent years of the IP rights-related … Continue Reading