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Clifford Chance

Clifford Chance
Global IP Updates<br />

Global IP Updates

IP topics from around the globe

What you need to know about Intellectual Property:

With our Global IP Updates, we continue our newsletter's legacy by providing you with insights into the latest developments in the world of IP.

Our IP teams around the globe are highly dedicated to collecting, summarising and contextualising the constant flow of new information on patents, trademarks, copyright, know-how and other areas related to IP protection for you. We also keep you up to date with the latest court decisions, legislation and the impact of technological innovations like blockchain, artificial intelligence or Internet of Things.

Interested? Then don't hesitate to join the conversation and reach out to our team!

Global IP Updates

  • Italian Cassation on "follow-on" damages for abuse of dominant position in pharma sector

    In a landmark decision, the Cassation ends a long-lasting dispute on abuse of dominant position in pharma sector. It is a very relevant decision for the interplay between IP and competition as well as for the criteria to count damages.

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  • Greenwashing – an update on German case law

    Building on previous German case law, Bremen Higher Regional Court has recently taken a stand on so-called "greenwashing" by confirming the strict requirements already in place for advertising a product as "sustainable" or "resource-friendly". According to the court, these requirements apply even if the advertising is aimed at professionals.

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  • The EU Commission takes steps to ban "greenwashing" and empower consumers for the green transition

    The EU Commission (EC) has published a proposal to tackle "greenwashing" and better inform consumers about the sustainability of their purchases by amending two key pieces of consumer legislation: the Unfair Commercial Practices Directive and the Consumer Rights Directive.

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  • Influencer Marketing: how do the Italian regulators approach this phenomenon?

    Open any social media app today and you will likely come across an influencer showcasing a trendy new outfit from a well-known designer or a tasty meal cooked with the ingredients provided by the latest health food brand. But how do you categorise this content? Are they advertisements? Should the influencer, their agency, or the brand owner be obliged to comply with certain legal requirements? Let's look at the Italian regulators' approach.

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  • Use of company designations in customer reference lists

    Munich Regional Court recently ruled on how companies can use their corporate personality rights to protect themselves against being (falsely) named as a company in customer reference lists.

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  • Dispute greenwashing in advertising

    Proceedings before the regulatory authority, consumer and NGO actions (and class actions), and corporate disputes: three (potentially concurrent) routes to tackle "greenwashing" advertising claims in Italy.

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  • Google Ads and the "safe harbour"

    In its decision no. 541 of 22 October 2020, the Italian Communications Regulatory Authority (Autorità per le Garanzie nelle Comunicazioni "Agcom") imposed a fine of EUR 100,000 on Google in relation to the activity of the Google Ads service, for having allowed, against payment, the dissemination of links to gambling sites in violation of the Italian ban on the advertising of games with cash prizes.

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  • Italian Competition Authority deems Google, Apple and Dropbox Cloud terms and conditions unlawful

    A preliminary draft Act amending the laws governing Spanish patents, trademarks, and industrial designs - Law 24/2015 of 24 July on Patents, Law 17/2001 of 7 December on Trademarks, and Law 20/2003 of 7 July on the Protection of Industrial Designs ("Preliminary Draft Amendment") - was published on 20 October 2021.

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