Week´s news headlines – Sep. 23h 2016

Brain Drain? How Brexit may affect intellectual property rights in Europe

The U.K.’s vote to leave the European Union (EU), now referred to as Brexit, will have a significant impact on intellectual property laws in the U.K. and thereby affect U.S. companies doing business there and throughout the EU. Theresa May, who replaced D avid Cameron as the U.K.’s prime minister in July, will make it her priority to administer the U.K.’s exit from the European Union. As she stated: “Brexit means Brexit … there will be no attempts to remain inside the EU. No attempts to rejoin it by the back door. No second referendum. The country voted to leave the European Union, and as prime minister, I will make sure we leave the European Union.”

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Ugg Boots Files $100 Million Lawsuits Against Target, J.C. Penney

On the heels of a recent resurgence of its ugly-yet-very popular during the early 2000’s boots, Ugg Australia’s parent company, Deckers Outdoor Corporation, has filed a number of multi-million dollar patent infringement lawsuits against retailers offering “substantially similar” boots. Named in the individual lawsuits: J.C. Penney, Target, and Gina Shoes (the entity tasked with manufacturing and marketing footwear for Rampage, RocaWear, and Nicole Miller), among others.

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To hyperlink or not? Posting a hyperlink can infringe copyrights

On 8 September, the Court of Justice (“CJEU”) in the GS Media BV v. Sanoma Media a.o. case (C-160-15), within the framework of a preliminary ruling requested by the Supreme Court of the Netherlands, held that GS Media, by posting hyperlinks that give access to copyright-protected work which is freely accessible on another website without the consent of the right holder, and knowing that the hyperlinks were published without the consent of the right holder, made a communication to the public in the sense of article 3(1) of the Information Society Directive 2001/29/EC.

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Trade Secrets in the Spotlight Again: the EU Directive

May 2016 was a banner month for trade secret protection around the world. On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into US law, creating a new Federal cause of action for misappropriation of trade secrets. And on May 26, 2016, the European Council formally adopted the “Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure” (“the EU Directive” or “the Directive”), requiring the EU member states to provide certain minimum protections for trade secrets.

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