Health Data: European Commission Proposes new Rules on Access and Use
All About IP | Mayer Brown LLP
by Christoph Crützen and Ondrej Hajda
3w ago
In May 2022, the European Commission published a proposal to establish a European Health Data Space (“EHDS”). The Commission’s EHDS proposal aims to improve access by individuals to their health data (primary use) and facilitate the re-use of health data for societal good across the European Union (secondary use). The European Commission’s aim is to adopt the EHDS by the end of its current mandate (October 31, 2024). The European Commission expressed its hope that the provisions of the regulation will enter into force across all EU member states in 2025. Businesses operating in the health and ..read more
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Tokenization, Ownership and Intellectual Property Rights
All About IP | Mayer Brown LLP
by Benjamin Beck
2M ago
Tokenization is the process of taking real-world assets and having them represented by digital tokens that can be traded on a blockchain. Tokenization can be a valuable tool for automating business processes and facilitating investment in fractional portions of an asset. However, the success of any tokenization project depends on the laws applicable to the asset being tokenized and the terms and conditions governing the project. Contrary to what some might think, rights in the asset represented by a token do not generally transfer to a buyer on the sale of the token. Background Any value or ri ..read more
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EU Commission Proposes New Liability Rules on Products and AI
All About IP | Mayer Brown LLP
by Benjamin Beck and Anna Lohoff
3M ago
On 28 September 2022, the European Commission adopted proposals for two directives adapting non-contractual civil liability rules to artificial intelligence (“AI”). The proposed AI Liability Directive aims at targeted harmonization measures on civil liability for AI among the EU member states. The revised Product Liability Directive proposes adaptations to the producer’s no-fault (strict) liability for defective products that have caused damage to health or property or loss or corruption of data. Under the proposed Product Liability Directive, compensation is available when ..read more
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Germany Ratifies EU Unified Patent Court (UPC) Agreement, but Prospects for the UPC Remain Uncertain
All About IP | Mayer Brown LLP
by Benjamin Beck, Maximilian Kücking and Charlotte Lehmann
1y ago
On 7 August 2021, Germany formally ratified the Agreement on a Unified EU Patent Court (“UPC Agreement“). The ratification came after battles in recent years over the constitutionality of the ratification bill. In 2017, the German ratification was put on hold because a constitutional complaint had argued that the German law approving the UPC Agreement was passed without the required quorum of the German Parliament. After the German parliamentarians fixed their mistake and approved the draft law with a two-thirds majority on 26 November 2020, the ratification was stopped for a second time due t ..read more
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Germany Passes Law to Restrict Injunctive Relief in Patent Infringement Cases by Proportionality Considerations
All About IP | Mayer Brown LLP
by Benjamin Beck and Dr. Ulrich Worm
1y ago
The German legislature (Bundestag and Bundesrat) has passed a bill that will change German patent law. The bill will enter into force soon. Under the new law, injunctions in patent infringement cases will be restricted by proportionality considerations in individual cases. Further, stronger procedural safeguards will become available for the disclosure of confidential information during patent infringement proceedings. Permanent Injunctions in Patent Infringement Cases Unlike in many other jurisdictions, German courts have always granted permanent injunctions as a de facto automatic remedy if ..read more
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The European Union Proposes New Legal Framework for Artificial Intelligence
All About IP | Mayer Brown LLP
by Oliver Yaros, Ana Bruder and Ondrej Hajda
1y ago
On 21 April 2021, the European Commission proposed a new, transformative legal framework to govern the use of artificial intelligence (AI) in the European Union. The proposal adopts a risk-based approach whereby the uses of artificial intelligence are categorised and restricted according to whether they pose an unacceptable, high, or low risk to human safety and fundamental rights. The policy is widely considered to be one of the first of its kind in the world which would, if passed, have profound and far-reaching consequences for organisations that develop or use technologies incorp ..read more
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European Data Protection Board issues opinions on European Commission’s draft UK adequacy decisions
All About IP | Mayer Brown LLP
by Mark A. Prinsley, Oliver Yaros, Dr. Ulrich Worm, Björn Vollmuth, Ana Bruder and Ondrej Hajda
1y ago
On 13 April 2021, the European Data Protection Board (“EDPB“) adopted two opinions  (“Opinions“) concerning draft UK adequacy decisions published by the European Commission  which would permit the free flow of personal data from the European Economic Area (“EEA“) to the UK in the post-Brexit world. The Opinions largely support the draft UK adequacy decisions and represent a positive step towards adoption of formal UK adequacy decisions. Nonetheless, organisations which transfer personal data from the EEA to the UK should continue to monitor the developments and keep plannin ..read more
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Data Protection Developments in Europe – Supply Chain and Distribution
All About IP | Mayer Brown LLP
by Oliver Yaros
1y ago
In an increasingly interconnected world, preserving the free flow of data across borders is crucial to the prosperity of businesses operating in every industry. But over the last year, there have been a number of important data protection developments in Europe that have a direct impact on the supply chain and distribution arrangements operated by organizations. These developments are restricting the ways in which businesses can share personal data within their organizations and with counterparties internationally. They include: Brexit – While the Brexit transition period ended as 2021 began ..read more
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German Data Protection Authority Decides on Supplementary Measures for International Data Transfers
All About IP | Mayer Brown LLP
by Björn Vollmuth, Ana Bruder and Ondrej Hajda
1y ago
A decision issued on 15 March 2021 by the Bavarian Data Protection Authority (“BayLDA”, publication pending) is the first German enforcement action in connection with last year’s decision of the Court of Justice of the European Union (“CJEU”, “CJEU’s Decision”) on the validity of the European Commission’s Standard Contractual Clauses (“SCCs”) and the EU-US Privacy Shield (C-311/18, more information available in our client alert). In the CJEU Decision, the court held that a transfer of personal data from the EU to third countries outside the European Economic Area (“EEA”) under the EU Standard ..read more
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German Federal Court of Justice Confirms Its Case Law on Patent Infringement by Equivalents
All About IP | Mayer Brown LLP
by Benjamin Beck
1y ago
In a recent decision on patent infringement under the doctrine of equivalents, the German Federal Court of Justice confirmed its case law that each limitation of the claim must be met in the accused device, either literally or equivalently. Specifically, the Court held that it was irrelevant whether the accused device as a whole produces an effect that is, in its totality, equivalent to an embodiment of the claim. Rather, it was decisive which effect each individual limitation of the claim contributes to the use of the invention and whether these exact effects are achieved literally or equival ..read more
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