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G7 Endorse Voluntary Code of Conduct for Advanced AI Systems prior to UK Global

2023 has been the year that governments, regulators and international organisations have all sought to get to grips with the challenges of regulating AI including the publication in April of the UK government’s policy paper outlining its proposed approach to AI regulation; the EU’s AI Act which may shortly become the world’s first piece of … Continue Reading

UK Online Safety Act Becomes Law

The often-controversial UK Online Safety Act (the OSA) has finally become law after receiving Royal Assent yesterday, heralding the end of the era of largely self-regulation for user generated content by technology platforms, whether large or small. The OSA will impose new duties on all providers who host “user generated content” (i.e. services which allow … Continue Reading

Trademark Litigation in the Post-Abitron World: District Court Rules That the Supreme Court’s Decision Does Not Preclude Plaintiff from Introducing Evidence of Foreign Sales

As we recently covered in this space, the Supreme Court in Abitron Austria GmbH et al. v. Hetronic International, Inc. held that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial and extend only to claims where the infringing use in commerce is domestic. We anticipated that district courts would soon be addressing … Continue Reading

UK Product Safety and Online Marketplace Consultation

The UK government announced on 2 August 2023 a new consultation for proposed changes to the UK’s product safety laws. Whilst much of this consultation is concerned with the regulatory compliance arrangements for the testing and marking of products what has received less immediate media coverage are proposals also included to impose additional duties on … Continue Reading

The rising regulatory tide on environmental claims – Shell found in breach of the Advertising Standards Authority’s rules, again!

Last month, oil giant, Shell, was caught out again by UK regulator – the Advertising Standards Authority (“ASA“) – for breaching its rules against making misleading environmental claims. Previous ASA ruling against Shell This latest ruling is reminiscent of a 2020 ASA ruling against Shell for a radio ad, where it used the claim “Drive … Continue Reading

EU AI Act Proposal and Regulation of Financial Services

The EU is at the forefront of the commitment to regulate Artificial Intelligence (AI) technology to ensure better conditions for the development and use of this innovative technology. In 2020, the European Commission published a white paper on AI and stated therein the urgency to address the challenges of complexity, unpredictability, and autonomous behaviour of certain … Continue Reading

Limiting the Reach of the Lanham Act: Supreme Court Vacates Substantial Monetary Damages Award Based On Foreign Conduct

The authors wish to thank Summer Associate Will Baker (Cleveland) for his work on this timely blog.  Trademark owners take note: In Abitron Austria GmbH et al. v. Hetronic International, Inc. the Supreme Court definitively ruled that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial and extend only to claims where the … Continue Reading

The Rise of Influencer Marketing – Contractual Considerations

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture, the global sector is expected to grow from $6.0 billion in 2020 to $24.1 billion by 2025, at a compound annual growth rate of 32%. Influencer marketing offers brands a unique opportunity to target and connect with online communities, using … Continue Reading

Don’t let the Sun Go Down on EU 2: Proposed further changes to UK plans for Retained EU Law post Brexit and guidance on IP provisions

We reported last week on the UK government’s decision to reduce the scope of its proposed Retained EU Law (Revocation and Reform) Bill. As originally drafted had that bill become law then all direct EU legislation currently retained as UK law would have automatically lapsed at the end of this year unless specifically retained or … Continue Reading

Don’t let the Sun Go Down on EU: Changes to UK plans for Retained EU Law post Brexit

There has been considerable media coverage in the UK this week following the government’s announcement that it is to reduce the scope of its controversial Retained EU Law (Revocation and Reform) Bill (Retained EU Law (Revocation and Reform) Bill publications – Parliamentary Bills – UK Parliament). Had this bill entered into law in its original … Continue Reading

The Subvertising Movement: Protecting your Brand from “Brandalism”

The authors would like to thank Eben Kurtz for his valuable contribution to this post. Heard of the climate activists defacing advertisements, billboards and bus shelters? Brandalism is a recent anti-advertising movement which uses a brand’s own assets and marketing channels against the brand itself, through replacing legitimate advertisements with spoofs and parodies (known as “subvertising”). … Continue Reading

World IP Day 2023: Accelerating Inclusivity of our IP Systems

Every year, on April 26, intellectual property organizations around the world observe “World IP Day” – an event established by the World Intellectual Property Organization (WIPO) to raise awareness of patents, copyrights, designs, and trademarks, and to celebrate the creativity and contributions of inventors, authors, artists and entrepreneurs. The theme for 2023 is “Women and … Continue Reading

WEBINAR: How to Make the Best Out of Your Employees Inventions – Applicable Rules and Best Practices for Global Companies

As the global economy continues to integrate, companies are wrestling with how to manage innovations across borders. Given that most patentable inventions are developed in-house, can a global invention policy help attract and keep the most innovative employees? Are assignment agreements with employees appropriate regardless of where the innovation originates? Join our panelists Catherine Muyl, … Continue Reading

Gambling on Top Flight Footballers: ASA Ruling

The Advertising Standards Authority (“ASA”) has issued its first ruling under the new rules that prohibit gambling ads with “strong appeal” to under-18s, providing a useful example as to how the new rules will be applied. Updated Gambling Ad Rules As covered in more detail in a previous article for this blog, on 1 October … Continue Reading

EU Design Reform Package: More efficient, Affordable, and Future-proof Design Protection Ahead

On 28 November 2022, the European Commission adopted proposals for a revised Regulation and Directive on industrial designs. The proposals, that are now sent to the European Parliament and Council for adoption, are aimed at modernizing the EU design system and the harmonized national design protection laws.… Continue Reading

UK Regulators Step up the Pressure on Influencer Marketing: Principles for Platforms, Brands and Content Creators

Over the past few years the UK’s Competition and Markets Authority (CMA) has been actively taking steps to address consumer protection concerns with sponsorships and endorsements within social media posts that have not been clearly disclosed. Indeed, the scale of the issue was highlighted in the Influencer Monitoring Report, published in March 2021 by another … Continue Reading

God Save the Queen’s Royal Warrant Holders

With gratitude to Heloise Morle for her contributions to this post. In a modern world of celebrity and influencer endorsements, there is arguably one endorsement that still trumps others: the Royal Warrant. The granting of an English monarch’s royal seals of approval dates back to 1155 – when King Henry II granted the Weavers’ Company … Continue Reading

Smart Consumer Devices at the Centre of the EU Internet of Things (IoT) Sector Inquiry

The European Commission published the preliminary results of its IoT sector inquiry and tech giants come under pressure for the alleged “gatekeeper” role that their voice assistant apps (such as Siri, Alexa, and Google Assistant) play in smart homes and with other connected consumer devices. The EU sector inquiry has so far collected over 200 … Continue Reading

Understanding IP in China: Patent Law and Trade Agreements

In his continued blog series, Dr. Paolo Beconcini examines recent developments in Chinese IP law together with their international causes and consequences. In a first post, he reviews some of the major changes to the Patent Law and assesses their likely impact on foreign businesses in China. In a second post, he reports on the Comprehensive Agreement … Continue Reading

International Challenges Help China and the EU Find Agreement on Technology Transfer

On December 30, 2020, after seven long years of negotiations, China and the EU concluded in principle the negotiations for a Comprehensive Agreement on Investment (CAI). The frayed political and trade relations with the US, as well as Brexit, convinced the EU members to put aside objections related to human rights violations and close the … Continue Reading

Ferrari Loses Race for 250 GTO Trademark: Risks Arising From Non-Use of Registered Trademarks

Ferrari 250 GTO, often hailed as the most expensive car in the world, was initially introduced by Ferrari in 1962. Only 36 models of 250 GTO were exclusively produced between 1962 and 1964. The fact that each buyer had to be personally approved by Enzo Ferrari only added to the exclusivity of this particular car … Continue Reading
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