Buy Now, Pay Later: New Advertising Guidance

With online shopping at all-time high, ‘buy now, pay later’ (BNPL) options are becoming increasingly popular. BNPL is an option that enables customers to delay paying for goods or allows them to pay in instalments. The service typically bears interest which consumers have to pay. It differs from hire purchase because with BNPL, the customer owns the goods on purchase, it is just that the due date for payment for the goods is delayed. This seemingly easy way to get credit is now, for better or worse, subject to regulation in the UK. Continue Reading

New ITC 337 Investigation Powered by Battery Design Patents

Monday’s announcement of the institution of a section 337 investigation of Certain Batteries and Products Containing the Same, 337-TA-1244, is notable as the first time in recent memory that a battery company has sued in the US International Trade Commission (ITC) for design patent infringement. Battery patents typically cover new and useful features of a battery, e.g. a cathode composition, an electrode architecture, a battery housing, or management software. That which is patented is rarely visible on a battery or a product a consumer might buy. In this case, One World Technologies, Inc. and Techtronic Power Tools Technology Ltd. (“One World”) allege that a list of defendants infringe their battery patents by importing batteries that look like theirs. Continue Reading

Hang Fire for Revised Guidance on Changes to VAT and Early Termination Payments

This blog is a follow-up to our recent blogs on HMRC’s controversial Changes to VAT and Early Termination Payments and VAT on Compensation in Intellectual Property Settlements. As previously noted, the retrospective nature of the changes and the consequential risk of having to unpick historic settlement payments raised a number of issues. This has now resulted in HRMC’s plans to issue further guidance on the subject. Continue Reading

UK’s First Injunction Secured under Trade Secrets Regulations

US company Celgard, LLC has secured an interim injunction against its rival, Chinese company Shenzhen Senior Technology Material Co Ltd (“Senior”), that prevents Senior from importing or supplying its battery accessory products into the UK. The Court found there was a likelihood that Senior had misused Celgard’s confidential information and trade secrets, and that the UK was the most appropriate forum to try the dispute. This is the first injunction under the relatively new UK Trade Secrets Regulations 2018 based on the EU Trade Secrets Directive. The judgment, which has now been confirmed on appeal to the Court of Appeal, contains a number of helpful clarifications on the approach that the UK courts will take to the protection of confidential information, particularly on a cross-border basis. Continue Reading

Compliance in Digital World: Are Pricing Algorithms Anti-competitive?

The 2020 pandemic and related restrictions on retail businesses led consumers redirecting their purchasing and spending to online sales. For example, in the EU and UK, online sales reportedly grew by 30-40% after lockdown restrictions were introduced in March last year. This trend has shone a light on certain online sale practices that raise concerns for competition and consumer protection authorities, namely, geo-blocking, resale price maintenance, price gauging and the use of pricing algorithms, among others.

Some commentators have questioned whether existing competition and consumer protection rules are well-equipped to deal with such concerns. These questions have spurred a re-think of the existing approach to enforcement on e-commerce. Continue Reading

Understanding IP in China: Patent Law and Trade Agreements

Light Bulb JigsawIn 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 on Investment between China and the European Union, which establishes clear rules against the forced transfer of technology.

© Copyright 2021 Squire Patton Boggs

Understanding IP in China: A Brief Retrospective

Vector usa and china flags. Eps10In the first of a new blog series, Dr. Paolo Beconcini examines the past and present of the Chinese IP regime and the various factors that influenced its development over the past several decades. Included are a short history of the US-China relationship, how it has impacted China’s reform of its IP regime, and what the new US-China trade agreement means for IP rights holders in China and the world going forward.

Copyright 2021 Squire Patton Boggs

DoD Launches New Platform to Connect Inventors with “Trusted” Venture Funding

On January 13, 2021, the Department of Defense (DoD) announced the launch of its Trusted Capital Digital Marketplace (TCDM) to support qualified small and medium sized businesses (“Domestic Companies”) that make up the defense industrial base (DIB). The TCDM establishes a forum to provide selected innovative domestic companies with access to “vetted” sources of private capital in the form of loans, loan guarantees, incentives, and investments to enhance the capability of the DIB to serve our defense and national security needs.

The TCDM has been in development for several years, and is comprised of military stakeholders, trusted capital providers, and capability providers. 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 deal with China, now their major trade partner. The Chinese, hard pressed to offset the 2020 diplomatic set-backs, including the mishandling of the initial Covid-19 crisis, the Xingjian labor camps issue, and the Hong Kong crisis, and in need of alternatives to their strained relations with the US, were willing to make concessions — including some key provisions concerning China’s forced technology transfer.

If really and properly implemented by China, those provisions could advantage EU businesses against their US competitors. We review the provisions, compare them to similar commitments recently made by China with the US, and assess their possible impact on EU and US IP holders in China. Continue Reading

ITC Finishes 2020 with a Flurry of New Complaints

After a slow but steady start to 2020, the U.S. International Trade Commission (ITC) saw a flurry of new complaints filed in the second half of the year. Eight new complaints were filed in December, resulting in a total of 57 complaints filed in 2020. As discussed in previous posts (e.g. here and here), the ITC adapted to the COVID-19 crisis and demonstrated its ability to conclude investigations in a timely manner. The post-pandemic rush to the ITC demonstrates the confidence of litigants that the ITC will continue to be a reliable forum for resolving IP disputes. Continue Reading

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