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Global Injunctions Available Against Search Engines, Rules Supreme Court of Canada (Updated August 2, 2017)

By: Sangeetha Punniyamoorthy and Thomas Kurys  (Toronto) The Supreme Court of Canada recently released a landmark decision in which a broad worldwide injunction was upheld restraining Google from including certain websites in its search results anywhere in the world. Intellectual property rights-holders seeking to enforce intellectual property rights in an online world where infringers are … Continue Reading

NEW EU EPRIVACY RULES IN THE MAKING

Internet services, IoT, cookies and more will be significantly impacted. Those who think that the EU General Data Protection Regulation is a lot to contend with are now facing the prospect of a new Regulation replacing the 2002 ePrivacy Directive. A version of the draft Regulation leaked earlier this week indicates a potentially significant impact … Continue Reading

U.S. FINANCIAL REGULATORS PROPOSE SWEEPING NEW CYBERSECURITY REGULATIONS

By: Sydney White The U.S. Board of Governors of the Federal Reserve System, the U.S. Office of the Comptroller of the Currency (OCC), and the U.S. Federal Deposit Insurance Corporation (the “Agencies”), released an Advanced Notice of Proposed Rulemaking (“ANPR”) on October 20, requesting comments by January 17, 2017, on enhanced cybersecurity risk management rules … Continue Reading

CHINA: SIGNIFICANT CHANGES TO DATA AND CYBERSECURITY PRACTICES UNDER PRC CYBERSECURITY LAW

By: Carolyn Bigg After a third deliberation, the Chinese government passed the new PRC Cybersecurity Law on 7 November 2016. The new law will come into force on 1 June 2017 and has significant implications for the data privacy and cybersecurity practices of both Chinese companies and international organisations doing business in China.… Continue Reading

IS YOUR CYBERSECURITY UPGRADE FDA REPORTABLE?

By: Rebecca Jones McKnight and Gail Hannah Javitt In today’s marketplace, technology evolves at a rapid rate, and must adapt to changing circumstances, such as threats to cybersecurity. For device companies, some types of modifications to devices post-market − potentially including cybersecurity-related changes − are reportable to the FDA. In particular, corrections to devices already in the field … Continue Reading

NEWLY LAUNCHED ONLINE COMPLAINT FORM IN CALIFORNIA BOOSTS INCENTIVE TO POST ACCURATE PRIVACY POLICIES

By: Jim Halpert and Anne Kierig Online businesses and those with mobile applications have a new incentive to post privacy policies that comply with the California Online Privacy Protection Act (CalOPPA).  California Attorney General Kamala Harris launched an online tool Friday through which people can report websites, mobile apps, and other online services that they … Continue Reading

EU LAUNCHES ONLINE DISPUTE RESOLUTION PLATFORM FOR CONTRACT DISPUTES WITH CONSUMERS

By Michiko Jo In mid-February, the European Commission launched an online platform which can be used for out-of-court settlement of disputes over obligations under business-to- consumer online sales or service contracts. The platform is available for free to a trader established in the EU and a consumer resident in the EU. Consumers can submit an … Continue Reading

.STORE, .VIP, .EMAIL: NEW GENERIC TOP LEVEL DOMAINS (NEW GTLDS) HIT BY CYBERSQUATTERS

By Dr. Ulrike Grübler & Michael Schidler Almost 5 years ago, the Internet Corporation for Assigned Names and Numbers (ICANN) agreed on the stepwise introduction of new generic Top Level Domains (new gTLDs). Around 970 new domain names such as .ticket, .music and .luxury have become available for registration of second level domains since then. In … Continue Reading

CYBERSECURITY PAST IS PROLOGUE

By:Tara Swaminatha (Reposted from IPT News Q1 2016)   Cyberattacks on businesses and developments in cybersecurity law took prominent places on the world’s front pages in 2015. As 2016 unfolds, we are not seeing an abatement in this growing trend. Cyberattacks will only continue to grow in scale and severity. Cybercriminals successfully stole staggering amounts of … Continue Reading

UK – ICO ISSUES GUIDANCE ON WI-FI LOCATION ANALYTICS

Authored by James Clark Earlier this month, the UK data protection authority, the Information Commissioner’s Officer (“ICO”), published guidance on safely processing personal data derived from Wi-Fi location analytics. This guidance is important not only to retail businesses who provide Wi-Fi networks to their customers, but also to companies who just provide Wi-Fi access solely … Continue Reading

Federal Supreme Court of Germany Confirms Title Protection for Smartphone-Apps

By: Dr. Ulrike Grübler This post originally appeared in the IPT Germany Blog The German Federal Supreme Court (BGH) held for the first time that not only names of websites but also designations of smartphone-apps may be protected under the German Trademark Act (MarkenG). Section 5 of the German Trademark Act provides for a protection of … Continue Reading

THE EUROPEAN COMMISSION FOCUSES ON THE E-COMMERCE SECTOR

By Alexandra Kamerling and Marianna Kinsella (London) The European Commission has announced a competition law inquiry into the e-commerce sector in the context of a Digital Single Market strategy in the EU.  The Commission suspects that companies that engage in selling consumer goods on the Internet may be restricting online trade by using anti-competitive methods … Continue Reading

The IoT will have a European plan

Reposted from Media, Sport and Entertainment Online Blog By Giulio Coraggio An Internet of Things plan will be issued by the European Commission by mid-2016, but also single countries like Italy are bringing forward IoT initiatives. The European Commission IoT plan Thibaut Kleiner, the head of unit for network technologies at European Commission Directorate General … Continue Reading

WOMEN IN IP LAW: 9TH YEAR PRIVACY AND PATENT LAW

By Licia Vaughn   DLA Piper’s Intellectual Property and Technology group hosted its ninth annual Women in IP Law CLE Luncheon at the Four Seasons Silicon Valley in late September. More than 200 guests registered to attend, 70 percent of whom were leading IP counsel for some of the Bay Area’s largest tech companies. Showcasing … Continue Reading

THE LAUNCH OF .SEX TLDS

Domain NameAs forecasted in a previous entry on this blog, on April 18, 2015, the Internet Corporation for Assigned Names and Numbers (“ICANN”) delegated a new adult entertainment generic top-level domain (“gTLD”) to the ICM Registry, “.SEX.” Now, brand owners who have registered their trademarks with the Trademark Clearinghouse (“TMCH”) will have the opportunity to block … Continue Reading

INTERNET OF THINGS: EU v. US GUIDANCE

By Giulio Coraggio and Kate Lucente In its February 2015 Report on the Internet of Things (IoT), the FTC estimated that there are now 25 billion connected devices worldwide. Another more conservative report by Gartner estimates there will be 2.9 billion connected devices in the consumer sector this year and 5 billion total, and that … Continue Reading

From Logging on to Logistics: Online Retailing and the Asian Real Estate Market

Republished from Law A La Mode  By: Janice Yau Garton and Carly Roberts  There is little doubt that the continuing shift towards online retailing will have tremendous implications for the Asian real estate market. Over the coming years, physical retailers will have to change the way they use their space, shopping centers will undergo a transformation, … Continue Reading

Consumer Data Protection In Online Retail: On Protecting Privacy in the EU, US and China

Republished from Law A La Mode  By: Carol Umhoefer, Kate Lucente, and Belinda Tang Online retail presents unparalleled opportunities for reaching new consumer markets and collecting consumer data. With such opportunities, however, come heightened regulatory scrutiny, compounded by high-profile consumer data security breaches in the US, Germany and elsewhere. Not surprisingly, there have long existed … Continue Reading
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