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The Legal 500 Hall of Fame Icon The Legal 500 Hall of Fame highlights individuals who have received constant praise by their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession. In Europe, Middle East and Africa, the criteria for entry is to have been recognised by The Legal 500 as one of the elite leading lawyers for seven consecutive years. These partners are highlighted below and throughout the editorial.
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Malta > Legal Developments > Intellectual Property > Law firm and leading lawyer rankings

Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Re-filing Trademarks: A Case of DĂ©jĂ  Vu?

September 2019 - Intellectual Property. Legal Developments by Gauci-Maistre Xynou.

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Trade marks give a face to a product which enable us identify a brand. As consumers, we take them for granted even though they punctuate memories of our daily lives. How many of us ever think of the creative and strategic thinking that goes into their composition? In contrast, we are more familiar with trade mark infringement. And what is breaking news are the risks of re-filing new applications for the same trade mark that should not be glossed over. 

MFSA publishes FAQ document about The Virtual Financial Assets Framework

The Malta Financial Services Authority has published a document outlining frequently asked questions in relation to the Virtual Financial Assets Framework. It provides key information on the framework itself, classification of DLT assets, VFA agents, Initial Virtual Financial Asset Offerings, VFA service providers,

AML/CFT requirements and transitory provisions.

Unconventional Trademarks Post-KitKat:

October 2018 - Intellectual Property. Legal Developments by Mamo TCV Advocates.

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Nestle’s ongoing campaign to secure trademark protection over the shape of their famous four-fingered KitKat bar suffered a major blow last July after their loss at the EU Court of Justice to American confectionary giant Mondelez International in the ultimate clash of the confectionary titans. But does Nestle’s loss really signal the end of the unconventional EU trademark?

Copyright and Freely Accessible Photos: The Implications for Website Operators & Social Media Users

October 2018 - Intellectual Property. Legal Developments by Mamo TCV Advocates.

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Copyright and Freely Accessible Photos: The Implications for Website Operators and Social Media Users.

The CJEU Pronounces Itself on Christian Louboutin’s Famous Red Sole

The CJEU has added a new chapter to a long saga of jurisprudence concerning one of the most well-known trademarks in IP circles worldwide. The decision marks a new victory for world-famous designer Christian Louboutin in his ongoing international struggle for trademark protection over his “red sole” mark in the market for high-heeled shoes.

Positive Update on EU Trademark and Industrial Design Rights Post-Brexit

The UK government has published an updated Draft Withdrawal Agreement, highlighting consensus on the future of existing EU IP rights in the UK.

Silence is Golden: Holding the Breach on Free Speech with Trade Secret Law on the Horizon

“EU Directive 2016/943 on the protection of undisclosed know-how and business information” is coming soon to a legislature near you. If you didn’t know (or care) until now, here are a few reasons why you should.

What Can You Legally “Watch Free Online” and When?

Putlocker. BitTorrent. PirateBay. Napster. Mediafire.

Ring any bells?

We'll bet they do.

A More Poignant New Year than Usual for French Winemakers After CJEU Ruling on “Champagner Sorbet?

February 2018 - Intellectual Property. Legal Developments by Mamo TCV Advocates.

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A recent court judgment of the CJEU on the use of the term “Champagne” might have broader implications for protected geographical indications in other agricultural sectors.

Can your IP disclose your ID?

July 2017 - Intellectual Property. Legal Developments by GVZH Advocates.

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An “IP”, or “internet protocol” is a unique series of numbers allocated to each and every device connected to a network, including and most notable the internet. Similar to your physical  home address to which postal articles are addressed and delivered, internet traffic is delivered to your computer’s address i.e. your IP address.

European Commission Proposal Strengthens Privacy Rules for Electronic Communications

January 2017 - Intellectual Property. Legal Developments by GVZH Advocates.

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Following a leak in early December, the European Commission has officially published the finalised proposed new legislation which aims to strengthen privacy in electronic communications. The Regulation on Privacy and Electronic Communications (“Proposal”) aims to repeal the ePrivacy Directive. These rules will be updating existing laws and bringing them in line with the new General Data Protection Regulation (“GDPR”), forming part of the Digital Single Market Strategy.

LEAKED EPRIVACY DRAFT: WHAT TO EXPECT

January 2017 - Intellectual Property. Legal Developments by GVZH Advocates.

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Following the introduction of the General Data Protection Regulation, the European Commission has been working on reforming the E-Privacy Directive. The draft law was leaked on the 13th of December 2016. Although this is not the final version, we now have a clearer idea of what to expect in the coming months. The Privacy and Electronic Communications Regulation is expected to be finalized by January 2017. Since this is no longer a directive but is now a regulation, there is no need for it to be transposed. It will become effective within 6 months as opposed to the normal 2 year period, which means that companies will have a much shorter time period within which to bring themselves in line with the Regulation.

The most important changes found within the draft Regulation are the following:

  • Prior consent must be obtained for cookies and any other kind of online tracking techniques (first party analytics are exempted). Nevertheless, when cookies are necessary for technical reasons, there is no need for consent. This means that pop-ups requiring consent for cookies will no longer be necessary.
  • Privacy by design – device and software manufacturers must set default settings to block cookies by third parties.
  • New opt-in requirement for direct marketing phone calls. However, Member States may choose to allow such calls on an opt out basis instead. There must be a specific marketing prefix number making these calls easily identifiable.
  • Direct marketing by electronic communications is only allowed with respect to end users who have given their prior consent.
  • Information related to the end user’s device is now protected.
  • Publicly available directories must obtain consent from end users (if natural persons) prior to including their personal data in the directory.
  • Consent may be withdrawn but only at periodic intervals every six months
  • Fines which may be imposed in the case of a breach of the provisions of this Regulation are the following, depending on the offence in question:
    • 4% of global revenues or €20 million, whichever is higher; or
    • 2% of global revenues or €10 million, whichever is higher, for providers of devices and software who fail in their privacy by default obligations.

Although a revamped privacy regulation is welcome, it is certainly lacking in two important areas: it makes no mention of data retention or encryption. Local Data Protection Authorities will be responsible for the implementation of this Regulation. “OTT” (over the top) services such as Skype, Whatsapp, Facebook and Messenger will be expected to comply, together with traditional telecommunication services providers. The Regulation will have extra territorial effects as even third country websites will be required to conform in order to ensure that website visitors hailing from the European Union will have their rights protected.

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