A foundation of intellectual property rights (IPR) is that authors and inventors are entitled to some level of exclusivity over their works in the form of copyrights and patents to incentivize innovation; that’s written into the Constitution. However, various voluntary open innovation practices have emerged, highlighting that developers also can benefit by choosing to widely
February 2021
CPUC Adopts Pilots Aimed At Procuring DERs In Lieu of Grid Investment
On February 12, the California Public Utilities Commission (CPUC) issued an order adopting two pilots to test two frameworks for procuring distributed energy resources (DERs) to avoid or defer utility distribution investments by the state’s three investor-owned utilities. The first framework, coined as the Partnership Pilot by the CPUC, is a five-year pilot establishing a…
Senate Subpoena Power Under the 2021 Power-Sharing Agreement
Recently, the Senate adopted a power-sharing agreement providing some contours for organizing the equally divided body. As we have discussed previously, such agreements are very rarely needed. The Senate has only faced a 50-50 partisan split a handful of times. The most recent instance, in 2001, prompted the first power-sharing agreement, which served as a…
Abu Dhabi Global Market Issues New Data Protection Regulations
By Dan Cooper
On February 14, 2021, the Abu Dhabi Global Market (“ADGM”), one of two significant financial services free zones in the United Arab Emirates, enacted its new Data Protection Regulations 2021 (the “Regulations”). The Regulations will come into force and replace the current Data Protection Regulations 2015 following a transition period of 12 months for current…
German Patent Law Reform Would Introduce “Disproportionality” Defence
On 27 January 2021, the German Parliament discussed a draft law that would limit a patent owner’s ability to stop the production and distribution of an infringing product. The new law would enable the infringer to rely on a defence of “disproportionate hardship” against an otherwise justified cease-and-desist claim. While the German Association of the…
European Data Protection Board Answers Commission’s Questions on Health Research
On February 2, 2021, the European Data Protection Board (“Board”) responded to questions submitted by the European Commission (“Commission”) on the application of the General Data Protection Regulation (“GDPR”) to health research. The Board also announced that it is currently working on guidelines on the processing of personal data for scientific research purposes, which it…
The Commission Publishes the Latest Extension of the Temporary Framework for State aid measures to support the economy during the Covid-19 outbreak
By Johan Ysewyn
The Commission’s Temporary Framework for State aid measures supporting the economy during the Covid-19 pandemic (the “Temporary Framework”) is proving to be a success. More than 200 Member State schemes and individual measures have been cleared under the Temporary Framework since its adoption in March 2020. It seeks to provide the European economy with a…
European Commission Launches Consultation on Initiative to Fight Child Sexual Abuse
On February 11, 2021, the European Commission launched a public consultation on its initiative to fight child sexual abuse online (the “Initiative”), which aims to impose obligations on online service providers to detect child sexual abuse online and to report it to public authorities. The consultation is part of the data collection activities announced in…
Goldman Sachs v Commission: The CJEU further expands the parental liability doctrine — private equity businesses and investors tread carefully
By Johan Ysewyn & Kevin Coates
On 27 January 2021, the Court of Justice of the European Union (“CJEU”) confirmed in Goldman Sachs Group Inc. v European Commission that financial investors can be liable where they hold 100% voting rights over an indirect entity that participated in a cartel, even though the investor does not own 100% of the share capital
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Google Knowledge Panels Challenged In Germany
By Marty Hansen
On 17 December 2020, the media authority of the German federal state of Schleswig-Holstein initiated legal proceedings against Google Ireland Ltd. under Germany’s new Interstate Media Treaty (Medienstaatsvertrag – “MStV”, downloadable here, German only). The authority (Landesmedienanstalt) is investigating whether Google’s treatment of information from a “National Health Portal” offered by the German Federal…