Clifford Chance

Global Intellectual Property Newsletter - 20th Issue - IP and Automotive

13 December 2018

Welcome to the 20th Edition of the Clifford Chance Global IP Newsletter. This newsletter has a focus on IP and the Automotive sector with interesting topics from Europe, Asia and Australia. Besides, we also cover the law of trademarks, copyrights and trade secrets for an IP update on a larger scale.

We start with an article on one of the most trending issues in the Automotive sector: autonomous driving. Our German IP team elaborates on the protection of IP in this context.

After that, we provide you with an update on automotive-specific case law. Our Italian IP team shares insight on the CJEU ruling on design rights and the application of the “repair clause” for wheel rims. The Australian IP team reports on the case “Winnebago Industries v Knott Investments Pty Ltd” before the Federal Court of Australia concerning damages for passing off trademarks of renowned recreational vehicles.

We build a bridge from the Automotive sector to general IP aspects with the article on a recent judgment from China concerning data ownership. Data ownership is not just a crucial aspect of future mobility and, therefore, for the Automotive sector but also a key for other data driven business models. The highlighted case brought to you by our Chinese IP team concerned an anti-unfair competition dispute brought before the Hangzhou Cyber Court in the PRC.

Subsequently, our London IP team reports on a trademark case based on internet advertising in a case not on the Court of Appeal’s judgment in “Argos Ltd v Argos Systems Inc”. The French IP team then describes the copyright situation in France for the protection of the famous Knoll “Tulip” chair on a case note of the Paris Court of Appeal’s decision.

Finally, our Spanish IP team gives an update on the recently published Spanish draft bill implementing the Trade Secrets Directive.

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