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New Comprehensive Chinese Cyber Security Law Approved

This week, the Standing Committee of the National People’s Congress approved the new Cyber Security Law. The law, which contains 79 articles under eight chapters, is set to take effect in June 2017 and has wide-ranging implications for how companies in China handle personal data and cybersecurity issues. The law applies broadly to entities or … Continue Reading

Technology Licensing: Some Strategic Thinking

Inventors and technology owners considering licensing their technology may want to read our guidance note: ‘Technology Licensing: Some Strategic Thinking’, which is available here.  Drafted with potential licensors in mind, the note explores some of the key issues around technology licensing (that is, licensing the IP rights subsisting in an inventive product or process in … Continue Reading

ITC To Consider Whether Laches Is An Available Defense In Section 337 Investigations

The US International Trade Commission (“ITC”) announced that it will consider whether a laches defense can be used in Section 337 investigations. In Certain Network Devices, Related Software, and Components Thereof, the respondent argued that a laches defense should be available in light of the Federal Circuit’s 2015 decision in SCA Hygiene Prods v. First … Continue Reading

FTC Prescribes Data Security and Privacy Best Practices for Mobile Health App Developers

Mobile apps that collect and report health-related data have increased consumers’ knowledge and tracking of their individual health issues in inventive ways– a consumer can count her daily steps and caloric intake, monitor blood pressure, and track many other variables.  Some apps are interactive and are capable of transmitting data to health professionals—or other third … Continue Reading

Political Robocalls Are Subject to TCPA Rules: Reminder from Federal Communications Commission Enforcement Advisory

The presidential campaign is well underway in the U.S., even though the election is over 6 months away.  Many candidates reach out to the public through automated phone calls or texts, often referred to as “robocalls,” and prerecorded voice calls. To remind candidates and their campaigns that those calls and texts are regulated under the federal … Continue Reading

Excellent Summary of the FCC’s Net Neutrality Order

With much publicity, the FCC recently released its Open Internet Order laying out the its revised net neutrality rules.  In an historic change of position, the Order, among other things, (1) reclassifies retail broadband internet access as subject to “common carrier” regulations, (2) imposes prohibits from giving preferred customers a “fast lane” to end-user customers, … Continue Reading

Website Terms of Use: Website Owners Beware of Pitfalls Leading to Unenforceability

Companies typically include a “Terms of Use” on their websites, which essentially serves as a contract between the company and the website user regarding the user’s use of the website.  Online Terms of Use are typically presented to consumers in a couple of different forms (more on that below). Companies with websites targeted to U.S. … Continue Reading

U.S. Supreme Court Ruling In Aereo – What Does It Mean For New Technologies?

Last week, the U.S. Supreme Court handed down a much-anticipated ruling in the latest chapter of the saga of copyright infringement cases related to new technology.  In American Broadcasting Cos., Inc. v. Aereo, Inc., the Court held that Aereo’s broadcast television Internet streaming service constituted an unauthorized public performance in violation of the Copyright Act.  … Continue Reading

.LONDON domain name to launch on 29 April 2014

What is it?  A new top-level domain name (TLD) permitting registration of (brand).LONDON, with priority given to London businesses, organisations and individuals.  Anyone with a presence or interest in London should consider seeking to register a .LONDON domain name.  It is expected that domain names will be allocated by August or September 2014. Who is … Continue Reading

Read this before you Tweet that link!

Most companies by now have made their footprint in social media, including on leading platforms such as Facebook and Twitter.   With 500 million Tweets being sent per day, companies need to get creative to come up with enough content to engage their consumers.  One popular technique is to send Tweets that contain links to third-party content, along … Continue Reading

When is hyperlinking lawful?

The Court of Justice of the European Union (CJEU), Europe’s highest court, has given its much anticipated ruling on when hyperlinking will be lawful (Svensson v Retriever Sverige AB). The dispute The dispute concerned four journalists who wrote for the Swedish newspaper Gӧteborgs-Posten.  The articles also appeared on the Gӧteborgs-Posten website.  Retriever Sverige (Retriever) operated … Continue Reading

European Union: the circumvention of copy protection measures can be lawful

A few days ago, the Court of Justice of the European Union (CJEU), Europe’s highest court, handed down a ruling which will be of interest to copyright holders who supply copy protected works and those who manufacture and supply devices designed to circumvent the copy protection. The result of the ruling is that those devices will, … Continue Reading

New CNIL guidance on cookie use

On 5 December 2013, the French data protection authority, the CNIL, published new guidance (with supporting user-friendly factsheets) on the use of cookies by businesses operating in France.  The guidance updates the CNIL’s informal recommendations on the use of tracing technologies first published at the end of 2011 (for further information see our articles in … Continue Reading

Beginning Of The End For “Sockpuppet” PR

Wikipedia’s parent company, Wikimedia, has recently sent a cease and desist letter to a PR firm for engaging in an activity known as “sockpuppetry”. For the uninitiated, “sockpuppetry” is essentially the practice of altering Wikipedia articles to make a company, person or client look better from a PR perspective. Wikipedia’s concern about this practice, is that it … Continue Reading

Gearing up for “Bitcoin Black Friday”

As the bitcoin community is gearing up for “Bitcoin Black Friday” on Friday, November 29, some explanation of exactly what are bitcoins and what legal and business issues they may present in the global marketplace may be helpful.  As Chairman Thomas R. Carper D (DE) recently stated: Virtual currencies, perhaps most notably Bitcoin, have captured … Continue Reading

CJEU ruling may end the practice of principal/agent forum shopping within the EU

The Court of Justice of the European Union (CJEU), Europe’s highest court, has recently handed down an interesting judgment on agency contracts. It ruled that express choice of law provisions will not be enforced in the EU against some commercial agents despite the general legal principle that parties should be free to choose governing law … Continue Reading

Review of the European Commercial Agents Directive

As part of its Regulatory Fitness and Performance Programme the European Commission has announced that it intends to evaluate the Commercial Agent’s Directive (86/653/EC) during 2014.  The results of this evaluation could have implications for technology companies doing business in the EU. This well-established but relatively unknown Directive grants commercial agents in the European Union … Continue Reading
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