Intellectual Property and Information Technology



Meet the Co-chairs - TAGLAW


Germus, Gábor
Germus and Partners
gabor.germus@germus.hu


Bainbridge, Jill
Blake Morgan LLP
jill.bainbridge@blakemorgan.co.uk


Hirschfeld, Q.C., ICD.D, Christene H.
BOYNECLARKE LLP
chirschfeld@boyneclarke.ca


Intellectual Property and Information Technology


In light of the much publicised General Data Protection Regulation (“GDPR”) and the Council of Ministers commitment within its Programme for Government 2016-2021 to updating the Data Protection Act 2002 (“DPA”) to “Ensure the Island’s legislative position is equivalent [to the GDPR]… by May 2018” it can safely be said that the DPA is having a moment.

The proverbial spot light is further intensified by a number of recent high profile subject access judgments from the Court of Appeal (England and Wales) which, given that the DPA is based upon the UK’s Data Protection Act 1998 (“DPA 1998”) and gives effect in the Island to Directive 95/46/EC of the European Parliament and of the Council of 24th October 1995 (the “Directive”) on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Isle of Man should be slow to ignore.

Read more: DPA, SARs and the GDPR: Why you should be paying attention to these acronyms.


Authored by Scott C. Hall and David (Duff) Beach.

The Equifax data breach has dominated news headlines for weeks, and Equifax will be dealing with the legal and financial fallout from the breach for many years. While many companies may be relieved not to be in Equifax's position right now, no company is immune to data breaches. Those who fail to learn key lessons from Equifax's mistakes may find themselves in the next headline. Accordingly, companies in every industry, and of every size, that maintain any type of sensitive personal data—whether it be of customers, employees, or data maintained on behalf of others—should study the Equifax situation and ensure that they are better prepared for a data breach incident.

Read more: Five Lessons All Companies Can Learn From The Equifax Data Breach


Introduction

A patent is a protection granted to an invention that meets certain conditions. Patent protection is regulated under Article 82 ff. of Industrial Property Law No. 6769, entered into force on 10 January 2017 ("IPL"). Decree Law numbered 551 concerning Protection of Patent Rights ("FormerDL") is abolished through enforcement of the IPL.

The IPL introduces certain amendments to patent rights, as well as other industrial property rights. Along with the shortening of terms within which to submit claims and applications, the system granting patent rights without conducting an investigation is repealed through the new amendments to the IPL. Patent rights under the IPL are examined in this newsletter article, including the latest amendments.

Read more: Patent Rights under Turkish Industrial Property Law


Contact: Kevin D. Pomfret

The Federal Trade Commission (FTC) recently entered a Consent Agreement with Uber that includes “precise geolocation information” in the list of personal information that is to be protected. While the Consent Agreement only applies to Uber, it is reflective of the evolution of the FTC’s position on the sensitivity of consumers’ location information. Adding precise geolocation information in the definition of personal information will have a significant impact on emerging technologies, such as drones, autonomous vehicles and the Internet of Things (IoT), that will generate or collect geolocation information. It also will affect the growing number of companies that use geolocation information in their business operations.  

Read more: Federal Trade Commission’s Uber Consent Agreement Designates Geolocation Information as Personal...


With new social media platforms and photo sharing apps becoming more and more popular the risk of copyright infringement through the sharing of photography is more present than ever.

The main purpose of social media is that it gives the user the ability to share content instantly, be that through tweets, posting a photo to Instagram or sharing an album of photos on Facebook. In addition to this, many social media platforms give the ability to re-post, save or share other people's content.  When so many options are available, allowing you to share someone's photo at the click of a button, it is easy to forget about the possible legal implications of what you do on social media.

Read more: Sharing photos online – the risks of Copyright Infringement