Intellectual Property and Information Technology

Meet the Co-chairs - TAGLAW

Germus, Gábor
Germus and Partners

Bainbridge, Jill
Blake Morgan LLP

Hirschfeld, Q.C., ICD.D, Christene H.

Intellectual Property and Information Technology

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Protecting private lives has become a natural need in the age of technology in which almost every place is equipped with cameras and where information, images, and ideas can be shared easily and without boundaries. Within this context, the legal regulations on the protection of personal data have a very wide scope of application by penetrating every branch of law in which real persons are involved. This branch, which is developing in our country, is a leading topic that should be taken into consideration immediately in terms of employers. In this article, we shed light on the obligations of employers within the framework of Law No. 6698 on Protection of Personal Data ("LPPD") and related legislation.

Read more: Protection of Personal Data within the Scope of Turkish Labor Law

Authors: Robert Van Arnam & Dirk Lasater

The U.S. Copyright Office issued a rule change to the Digital Millennium Copyright Act (“DMCA”) § 512 safe harbor provision that affects the rights of online service providers that are new to the DMCA system or those that designated a DMCA Agent prior to December 1, 2016.  Both types of providers must designate (or re-designate) a DMCA Agent with the Copyright Office on or before December 31, 2017

The DMCA provides a safe harbor from copyright infringement liability for online service providers (including related or affiliated providers that are separate legal entities, each of which must have its own separate Agent designation) that host user generated content on those providers’ systems or websites.  17 U.S.C. § 512. 

Read the entire article.

On 1 October 2017, the UK Intellectual Property Office issued a change in the way that owners of registered designs can mark their products.

It was previously the case that registered design owners were required to mark their product with the word 'registered' together with the number of the registered design. This would allow them greater protection should infringement arise and would put them in a better position when seeking financial remedy.

The new change will enable registered design owners to have a choice in how they wish to mark their products, the first option being to display the registered design number and the second, newly implemented option, is to display a relevant website address. Registered design owners will benefit equally from both options, allowing greater protection and security in respect of potential infringement proceedings.

Read more: Registered designs – a change for owners marking their products

In a recent appeal decision by the ECJ, an EU General Court decision was upheld in respect of the word mark Chempioil and an earlier figurative mark Champion.

Decision of the EU General Court

In June 2016, the EU General Court heard an appeal made to dismiss an opposition, a decision originally determined by the EU Intellectual Property Office (EUIPO). The EU General Court upheld the EUIPO's decision that there was no likelihood of confusion between the applicant's word mark CHEMPIOIL and the opponents figurative mark CHAMPION where both marks were filed in relation to identical and similar goods.

Read more: Chempioil v Champion – EU General Court finds no likelihood of confusion

Cybercrime is an ongoing security threat, and as is often reported in the media, the prime targets are banks, professional services firms and other high-profile businesses around the world. Solicitors have been specifically targeted by cybercriminals because they often hold large sums of money in their client bank accounts.

Professional indemnity insurance (PII) policies have been providing cover for solicitors in relation to claims by clients for negligence or other similar wrongdoing for years, but what does a solicitor do if a client bank account is significantly depleted as a result of cybercrime, such as phishing?

Read more: Solicitors’ Bank Accounts: Cybercrime and Insurance