Caroline Leroy-Blanvillain

We are proud to have collaborated to develop an indispensable guide that will be invaluable to anyone practicing before the UPC navigating this fast-evolving system. Thank you Peter Thorniley. Get in touch if you would like to find out more. #upc #iplaw #legalupdate

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#DidYouKnow? ORCID users can quickly identify and add their works to their #ORCIDiD through the OpenAIRE EXPLORE discovery service. This integration between OpenAIRE and ORCID is a crucial step in interlinking services within the European Open Science Cloud (EOSC) and the global #OpenScience ecosystem. Learn how with our guide: https://lnkd.in/dHr4DiCi

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🚀 July 12, 2024: WELCOME AI ACT! 🚀 ⚖ #Regulation 2024/1689 has finally landed! 📑 💎 Such a milestone! 💎 📢 It's time to get (really) #ready for all the #legal deadlines. ⏱ #AI #AIact #law #artificial #intelligence #intelligenza #artificiale #legge #techlaw

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Finally there's clarity about the 'Pay or Consent'-model ❌ Spoiler Alert: it's not an option for large online platforms. According to the European Data Protection Board and the Autoriteit Persoonsgegevens (Dutch DPA), there should be a third choice in place whereas your personal data will not be used for behavioural advertising. ✔At Opt Out Advertising this is the core of our business: serving ads without the use of personal data. Curious about how our solution works? Don't hesitate to reach out! #Consentless #OnlineAdvertising #OnlinePrivacy #OptOutAdvertising

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📣[Alert - Intellectual Property 💡] UPC opt-out requirements: unity among proprietors is key. 🗝️ In an order issued on 4 June 2024, the Court of Appeal clarified how Article 83(3) UPCA must be interpreted when an application to opt out must be lodged for a patent with multiple proprietors. In fact, the Art. 83(3) only requires that “a proprietor” of or “an applicant” for a European patent shall have the possibility to file an opt out. 🔎 The focal point: when a European patent has multiple proprietors, all of them must agree to opt out of the UPC jurisdiction. This applies even if the proprietors only own some, but not all, of the national parts of the patent. The Court reached this decision by considering the following: 📌 the purpose of the UPC is to be the default venue for legal proceedings concerning European patents 📌 an opt-out is an exception to this default position 📌 allowing one proprietor to opt-out for all national parts would unfairly disadvantage other proprietors who might prefer the UPC jurisdiction. This marks an important clarification in the interpretation of the UPCA and the opt-out requirements. 🚪 ➡️ #NunzianteMagrone #law #IP #IntellectualProperty #UPC Niccolo Ferretti, Aurora Perruzza

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⚖️ We bring the power of Generative #AI to legal departments! Discover our AI assistant: Libra, expert in the legal field. https://lnkd.in/dwiTvVCv #LegalTech #Efficiency #LegalOperations

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Is it already the end of the month? The latest UPC case load is "hot off the press".👇 Some key figures: ⚖️ We are now at 341 cases since 1 June 2023, there is an uptick of 30 cases since the 311 cases reported at the end of March. This corresponds to an increase of 9.6%. ⚖️ Compared to the 110 infringement actions reported at the end of March, we now have 13 more with the total being at 123 infringement actions, which corresponds to an increase of 11.8%. ⚖️ The Munich Local Division is still leading the pack with now 46 infringement actions, followed by the Düsseldorf (25) and Mannheim (16) Local Divisions. This explains why of the three recently newly appointed legally qualified judges two were assigned to the Munich Local Division with a new panel to be created. ⚖️ Does English become the lingua franca of the UPC? While English has become the predominant language of proceedings at the Court of First Instance for the first time since the UPC reported its case load, the percentage is, with 48%, only slightly higher than the 45% of proceedings with German as language of proceedings. -------------------------------------------------------------------------------- Those who are less interested in the numbers, but would like to discuss he most important cases should consider attending the next UPC Fireside Chat on 4 July 2024 (https://lnkd.in/gsjynrn2). Speakers are presiding judge Matthias Zigann from the UPC CFI LD Munich, Tobias Wuttke (BARDEHLE PAGENBERG) and Thorsten Bausch (HOFFMANN EITLE). Those who are more interested in how to survive with the UPC Case Management System should consider attending the UPC CMS online course for paralegals on 13 and 14 May 2024 (https://lnkd.in/gd_BdTi3) or the online course for European Patent Litigators on 10 and 11 June 2024 (https://lnkd.in/gJAaVk-X). Speakers are from the companiy behind the UPC CMS. #patent #patents #patentattorney #patentlitigation #unifiedpatentcourt #ipknowledgeenhancer

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🧑‍⚖️ CJEU Judgement: Dutch Tennis Federation (KNLTB) case The European Court of Justice (CJEU) has ruled that a company's commercial interests can be considered a legitimate basis for processing personal data under the GDPR, provided certain conditions are met. This ruling contradicts the previous position of the Dutch Data Protection Authority (DPA), which held that commercial interests alone weren't sufficient to justify the use of data. This case originated from the Dutch Tennis Federation (KNLTB) sharing its members' data with sponsors without explicit consent, which the Dutch DPA deemed unlawful and fined the KNLTB. Read more 👇 --- #SypherPrivacyTalks Stay tuned for more:📌 follow the Sypher Solutions company page. We'll keep you updated on #dataprotection, #privacy, #privacymanagement, #GDPR, #GDPRcompliance, #DPO, #cookies, #consent.

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Interested in recent IP-related case law of the EU General Court and areas in which divergences have emerged? We are honoured to host an article by Judge Ioannis Dimitrakopoulos (EU General Court) exploring and discussing all of this. Do take a look: we have made it free to read!

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EU’s New Product Liability Rules: Game-Changer for AI & Software Businesses On November 18th, 2024, Directive 2024/2853 on Liability for Defective Products (“PLD”) was published in the Official Journal of the EU. PLD shall replace Directive 85/374, after 40 years from its entry into force, in order to align with the emergence of ground-breaking technologies, such as AI. It is part of EU’s AI Strategy (along with Regulation 2024/1689 known as “AI Act” and the Proposal for AI Liability Directive, known as “ALID”). The EU’s updated product liability rules transform how businesses handle software and AI. Key takeaways: ·   Software = Product: Software, including SaaS and cloud-based tools, is now considered a product. Defects can trigger liability, just like physical goods. ·   AI Liability: AI developers are accountable as manufacturers. Liability applies to defects in AI systems, including those arising from self-learning capabilities or unsafe algorithms. ·   Cybersecurity Risks: Failing to provide updates to address cybersecurity vulnerabilities makes manufacturers liable for damages caused by unsafe products. ·   Open-Source Software: Open-source is excluded unless integrated into a commercial product, transferring liability to the manufacturer of the final product. ·   Smart Services Included: Integrated digital services, like AI-driven health monitors, are treated as components, with liability for defects falling on manufacturers. ·   Easier Claims for Complex Tech: Victims of AI or software-related damages need only demonstrate the likelihood of a defect and its link to the harm caused. ·   Broader Scope: Includes digital manufacturing files and AI products that evolve post-sale, ensuring accountability across the product lifecycle. Countdown to 2026: The Directive takes full effect on 9 December 2026. Businesses have two years to adapt to these groundbreaking rules, ensuring compliance and minimizing liability risks. Stay ahead—innovate responsibly! #AI #Software #ProductLiability #EULaw

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I wrote a small note (my personal opinion) on SIAE's interpretation of the Italian Copyright Law regarding the publication of art images by news organizations, with requests for compensation for their reproduction. I've tried to give an overview on the actual questions about the necessity and proportionality of payments required for image exploitation, also exploring emerging practices such as online detecting of exploitation rights violations, reflecting on the role of images in information and marketing, posing questions about their effectiveness and methods of assessing usage rights. Maybe a broader reflection on image exploitation and its regulation is needed: https://lnkd.in/e-NDvjfv

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AI in the IP legal sector: Enhancing efficiency and strategic decision-making ⇒

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Inside the EU #AIact’s Code of Practice Drafting: Creating Practical #GPAI Rules. 📺 Cornelia Kutterer, LL.M. highlights the importance of grounding the new #AI Code in EU law, while ensuring it remains flexible enough to adapt to market developments. 👇 #EuropeanAIRoundtable #CCIAeurope #digitalEU #EUdigital #ArtificialIntelligence

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🔍 What's been happening at the UPC..........? 👩‍⚖️ ➡ 🗼 In Nokia v Mala, the Paris CD decided that there is no lis pendens between a revocation action brought before the UPC and a national revocation action if the latter was initiated before the start of the transitional period, since Articles 29-31 Brussels I Regulation do not apply in these circumstances (also not in view of the “special rules” in Art. 71a – 71d Brussels I Regulation) (2 May 2024). ➡ 💊  In Tandem Diabetes Care v Roche Diabetes Care, the Paris CD found that violation of a contractual stand-still commitment offers no basis for challenging the jurisdiction of the UPC and, hence, is not a ground for raising a preliminary objection (10 May 2024). ➡ ⚽ In Ballino v UEFA and Kinexion, the patentee had initiated proceedings seeking a preliminary injunction prior to the start of the EURO 2024 football tournament. Considering that the patentee was in fact a newly established company that had acquired the patent in suit just before launching the proceedings and having no more than EUR 1 in share capital, the Hamburg LD ordered the patentee to provide security for the legal costs and other expenses (to be) incurred by the defendants (14 May 2024). ➡ 🔊 In Dolby International v HP, the Dusseldorf LD ordered the patentee to narrow the scope of its infringement claim by carving out certain products, in this case products using a third-party component, as a result of which there was no need to discuss that third party’s possible intervention in the proceedings. To what extent this constitutes a (partial) withdrawal giving rise to a cost award will have to be seen when the court has ruled on the merits (14 May 2024). #upc #patents Domien Op de Beeck

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Yesterday, I had the opportunity to participate in the Privacy Breakfast organised by DLA Piper to discuss the last EDPB's opinion on 'Pay or OK'. A special thanks to Tommaso Ricci and Giulio Coraggio for the detailed presentation of the current regulatory framework on consent in online advertising and for allowing a round table of experts to meet and gather mutual viewpoints and opinions. 🚀 See you next time! #onlineadvertising #consent #DLAprivacybreakfast

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EDPB Opinion on Consent or Pay Models EDPB, on April 17, 2024, unveiled its stance on the pay or ok model, aiming to provide guidance to the supervisory authorities of member states and large online platforms. The opinion primarily outlines the requirements for online service providers to adhere to for explicit consent to be valid within the scope of general principles. Legal bases, alongside GDPR, PECR, DMA, CJEU precedents, are elucidated to navigate the regulatory landscape. 👉You can swipe right for detailed information about EDPB Opinion on Consent or Pay Models and our reviews. Contributors: Doğaner DOĞANAY and Gonca A.

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Non-compliance proceedings were initiated by the European Commission on 25 March 2024 against Alphabet (owner of Google), Meta and Apple to determine the extent to which provisions of the DMA have been complied with. DMA (or Digital Markets Act) is an EU regulation that aims to shape the digital economy by introducing a higher degree of competition between companies. The cornerstone of the regulation is that companies with considerable power in the digital sphere (called ‘gatekeepers’) should not take advantage of their dominant position on the market, thus allowing smaller companies to enter the market. The regulation is aimed at the tech giants that dominate a large part of the digital market. Read more about the topic on our website: https://lnkd.in/dak3kYMi #digital #markets #act #DMA #legalupdate #kcgpartners

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European Legal Technology Association (ELTA) have launched the 2nd edition of their Legal Professionals & Generative AI survey, with the support of Lefebvre Sarrut and institutional partners. They are looking for your feedback – and you have the opportunity to get featured in the final report! The survey takes less than ten minutes and they will be exploring: - Your experience and satisfaction with generative AI tools - The maturity and adoption of AI in your organisation - Perceptions and concerns about AI’s impact on the legal profession Take the survey now: https://lnkd.in/eQ5H4zj8

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French Data Protection Authority Publishes Recommendations on the Development of AI Systems: Seven Takeaways: On April 8, 2024, the French Data Protection Authority (CNIL) published recommendations on the development phase of artificial intelligence (AI) systems1 (Recommendations). They are the first set of recommendations designed to guide the various players in the AI ecosystem on how to apply the General Data Protection Regulation (GDPR) to the development of AI systems. The Recommendations are relevant to providers and users of AI systems who process personal data as part of the development of such... By: Wilson Sonsini Goodrich & Rosati #dataprotection #dataprivacy #privacy

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