Clifford Chance

Global Intellectual Property Newsletter 32nd Edition – IP Topics from around the Globe

16 December 2021

Welcome to the 32nd edition of the Clifford Chance Global IP Newsletter.

Another year that has presented us with many new as well as some by now familiar challenges is drawing to a close. We would like to thank you for the trust you have placed in us to successfully meet these challenges alongside you. We wish you all a wonderful winter break and all the best for 2022.

Let us start-off the final edition of 2021 with a contribution from our Spanish team providing an in-depth analysis of the CJEU's judgment in CV-Online Latvia v Melons from June 2021 and its impact on the sui generis database right.

Our German team follows up by presenting the efforts made to put blockchain technology into use in the development of the EU intellectual property framework. Against the background of the EU "Action Plan IP", our colleagues present the launch of the world's first official blockchain-based trademark and design register and shed light on further use cases considered by the EU's strategy paper.

Concerning the manifold issues of liability of internet service providers, the Italian team then examines a recent decision by the Italian Regional Administrative Court of Lazio that strengthened Google's position by ruling that the company had not violated the Italian ban on advertising games with cash prizes by displaying links to gambling services. Google is also one of the protagonist of further important developments in Italy. The Italian team recapitulates the recent issuance of three orders against Google, Apple and Dropbox by the Italian Competition Authority declaring the unfairness of some terms and conditions included in their cloud contractual agreements.

Following up the examination of the initial draft in the 25th edition of the Global IP Newsletter, the German team sheds light on the practical implications deriving from the now codified exclusion to injunctive relief based on the principle of proportionality under the revised German Patent Act. In Spain, too, comprehensive changes to the national IP legislation are in progress. The Spanish team outlines the main amendments and their potential impacts of a draft act which is currently in the early stages of the approval process.

To conclude, our US certified patent attorney Ronny Amirsehhi attends to a new groundbreaking field of technology. He provides an evaluation of patenting trends and patent eligibility showcasing U.S. and EPO perspectives in the realm of quantum computing.

As always, we hope you enjoy reading this edition, and look forward to receiving your feedback.

Take Care!

Your Global CC IP Team

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