One of the most common questions we receive as intellectual property lawyers is “How can I prevent others from using technology that I have developed and that has significant value to my business?” That question can often be answered by advising clients to file a patent application. However, there exists another type of intellectual property protection, known as a “trade secret,” that may be more suitable for certain situations and technologies ...
At the beginning of this year the Supreme Court delivered a decision of principle interest regarding a computer software distributor’s right to severance pay (case no. T 930-06). Through the decision, the court has clarified that the Commercial Agency Act (1991:352) ( “Agency Act”) can be applied analogously to marketing and collecting of orders for computer software, despite the fact that computer software does not constitute goods under the act ...
On 10 July 2021, the Office of the Central Cyberspace Affairs Commission and the Office of Cybersecurity Review under the Cyberspace Administration of China (“CAC”) promulgated the Measures for Cybersecurity Review (the “Review Measures”) (Revised Draft for Comments) (the “Draft”) ...
Driven by the passion and belief, and fraught with various risks and challenges, the research and development of innovative drugs and medical devices is a journey that's never easy. Along the journey, an individual may stride resolutely, yet with companionship, two can traverse faster and farther ...
Dominant companies have special responsibility to ensure that the way they do business doesn’t prevent competition on the merits and does not harm consumers and innovation», said European Competition Commissioner Mário Monti, regarding the Commission’s Microsoft decision dated March 24th, 2004 ...
The interoperability information on Microsoft’s decision deserves special attention by the undertakings that have a dominant position in the market. Intellectual property rights, granted as an incentive for the creation of innovation and as a tool to recoup the investments made by companies, used to be understood as providing several rights to its owners ...
1. Introduction Law 2/2020 of 22 January (the “VideoSurveillance Law”) establishes the legal framework applicable to the authorisation, installation and use of video-surveillance systems for capturing, recording and processing images and sound. The law is based on a fundamental notion: security. There was a need to intervene by legislating on this matter to maintain public safety and to help all entities involved in matters of this nature ...
Presidential Decree no. 229/20 of 8 September 2020 has been published and its aim is to reassess the measures imposed by Presidential Decree no. 142/20, considering the evolution of the epidemiological situation. The new decree renews most of the measures already in force, although it also eases some restrictions ...
Just weeks after the “implosion” of cryptocurrency exchange FTX, credit services provider BlockFi filed for Chapter 11 protection with the United States Bankruptcy Court for the District of New Jersey, indicating that it is burdened with billions of dollars of estimated liabilities and more than 100,000 creditors ...
In what may be a new opportunity for cybersquatters, the Colombian .CO registry will soon allow for registration of domain names ending in simply .CO. Such domain names may be a prime platform for social networking sites and brand owners. As the registry explains, the acronym .CO can be associated with terms that include company, corporation, commerce, communities, content, connect, communication, collaborate, and consumers ...
The Federal Trade Commission’s increased focus on the antitrust implications of healthcare mergers and acquisitions has been widely publicized. While scrutiny has largely been directed toward hospital and health system transactions, a recent case in Nevada indicates that the FTC is now taking an interest in relatively small provider combinations in highly concentrated markets ...
On April 10, Deputy Attorney General James Cole, White House senior adviser Rand Beers, the head of the U.S. Department of Justice Antitrust Division and the chairwoman of the Federal Trade Commission announced the release of the antitrust agencies’ “Antitrust Policy Statement on Sharing of Cybersecurity Information ...
The U.S. Fourth Circuit Court of Appeals has reversed a $44 million judgment against Tuomey Hospital in Sumter, South Carolina that arose from Tuomey’s employment arrangements with physicians that allegedly violated the federal Stark Law.1 The Stark Law prohibits hospitals from submitting claims to Medicare for designated health services that were referred by physicians with whom the hospital has a financial relationship, unless the relationship fits within an exception ...
On 15 June 2021, the Competition and Markets Authority (CMA) announced a market study into Apple’s and Google’s mobile ecosystems. A market study allows the CMA to examine if a market is working well and if not, provide further actions necessary to address the concerns that are raised ...
The technology that forms the foundation for digital currencies like Bitcoin could be the technology that provides unprecedented security for and access to medical records. The Blockchain For years, online communities sought increased freedom and autonomy by shielding their economic activities from the government and corporate intermediaries ...
The members of the National Privacy Commission (NPC) have been named. President Benigno Aquino III has appointed Raymond Liboro as the Commissioner of the National Privacy Commission. Prior to his appointment, Liboro was the officer-in-charge of the Department of Science and Technology's Science and Technology Information Institute. The following are the Deputy Privacy Commissioners: Dondi Mapa and Ivy Patdu ...
The National Drug Agency Department of the Institute of Public Health, through exempt resolution No. 01746 of September 6, 2021, approved a guide to provide guidelines regarding the technological transfer of pharmaceutical production processes, necessary to obtain the authorization of a new manufacturer of a medicament, maintaining the previously authorized one ...
In the year 2000, the United Nations General Assembly designated April 26 as World Intellectual Property Day. The purpose of this is to highlight the role thatintellectual propertyrights play in encouraging innovation and creativity. Across the globe, and at the initiative of the World Intellectual Property Organization (WIPO), there is a campaign every year to attract public interest to issues related to Intellectual Property ...
On 17 January 2023, Getty Images brought copyright infringement claims in both the US district (Delaware) court and in the UK High Court against Stability AI, the company behind ‘Stable Diffusion’ which is one of the artificial intelligence-powered image generators which have emerged over recent months. AI generators are able to develop images in response to keywords or instructions entered by a user ...
Previous European data protection laws only covered controllers of personal data. From 2018 processors can be fined and pay compensation for data breaches in their own right. Is this happening, and what can we learn about managing data processing risks? Looking at GDPR enforcement in the UK and EU, you would be forgiven for thinking that new liabilities for data processors since the advent of the General Data Protection Regulation in 2018 has not made much difference ...
A recent High Court decision raised some interesting questions surrounding the property status of cryptocurrencies and whether they can be held on trust. We consider how certain comments in the judgment may have implications for the property status of NFTs. The recent English High Court decision in Wang v Darby [2021] EWHC 3054 (Comm) raised some interesting issues regarding whether cryptocurrencies can be held on trust ...
We previously reported that on March 30, 2017, Ohio Gov. John Kasich and the executive directors of Ohio’s health care licensing agencies announced new standards for prescribing opiates for acute pain ...
The rise in the number of internet users in the last two decades has witnessed an increase in intellectual property infringement and theft. Presently, there exists in massive numbers, bad actors who leverage on the brands, identity and works of innocent internet (particularly social media) users, to derive personal gains and benefits ...
FDA Announces Public Meeting for Responsible Innovation in Dietary Supplements Industry Recently, the Federal Food and Drug Administration (FDA) announced it will hold a full-day public meeting to discuss strategies for responsible innovation in the dietary supplement industry. The meeting will be held May 16, 2019, from 8:30 a.m. EST to 4 p.m. EST at the FDA Center for Food Safety and Applied Nutrition, Wiley Auditorium, located at 5001 Campus Dr., College Park, MD 20740 ...
