Electronics Newsletter – December 2019

The High Court has awarded the Swatch Group US$11.6 million in negotiation damages against Samsung for trade mark infringements involving watch face apps on the Galaxy App store. Rejecting both parties' extreme valuations of US$170 million and US$301, the court established important principles for assessing damages when brand owners don't license their marks and no comparable market royalties exist.

The ongoing commercial rivalry between fast-fashion giants Shein and Temu has evolved into one of the most significant intellectual property disputes in the e-commerce sector. This landmark case examines critical questions about copyright ownership, platform liability, and the legal responsibilities of online marketplaces in the digital age.

Trademark phishing campaigns are rising, with businesses increasingly being targeted by highly sophisticated, AI-driven trademark scams. Alice Wright analyses a prominent registration scam recently circulating in the UK to offer advice on how to identify trademark scams, what immediate steps to take if targeted, and how to proactively protect your business through legitimate channels.

Article 50 of the EU AI Act introduces sweeping transparency obligations for AI providers and deployers, requiring disclosure of AI interactions, marking of AI-generated content, and labeling of deepfakes. These rules carry significant commercial and IP implications for businesses using AI to create marketing materials, synthetic influencers, and other valuable assets.

东南亚和香港地区的知识产权实务在不断发展变化之中，在此地区开展业务的所有企业都需要时刻关注商标实务领域的最新进展。

The EPO's guidelines clarify patentability for machine learning (ML) and AI inventions. ML algorithms are considered mathematical methods, typically not patentable unless tied to a specific technical effect. Context, such as application within hardware or specific data, enhances patent eligibility.

A recent UK court decision clarifies the distinction between academic authorship conventions and copyright law, revealing that being named as a co-author on research papers does not automatically confer copyright ownership. The case examines when supervisory contributions qualify as joint authorship and what universities must do to protect intellectual property rights in collaborative research.

Standard-essential patent disputes reveal a fundamental tension between territorial patent rights and global technology markets. While patents are enforced nationally, the standards they protect operate across borders, triggering parallel proceedings in multiple jurisdictions. FRAND arbitration offers a potentially coherent alternative by allowing parties to place international SEP portfolios before a single specialist tribunal, though questions of consent, validity, competition law and enforceability compl

The UK High Court has delivered a landmark ruling on online marketplace liability, dismissing Shein's copyright infringement claims against Temu and clarifying when platforms can be held responsible for third-party content. The judgment examines the boundaries of copyright ownership in complex supply chains and establishes important precedents for how marketplace operators should respond to infringement allegations.

Het Verenigd Koninkrijk kent binnen zijn nationale IE-stelsel al lange tijd een onderscheidend en gebruiksvriendelijk instrument: het seriemerk.