Hogan Lovells (LexBlog France)

75 results for Hogan Lovells (LexBlog France)

  • Growing convergence towards a hard law duty of care in the EU

    Recent years have seen a general move towards increased accountability and responsibility obligations imposed on businesses to respect human rights and prevent adverse impacts throughout the value chain. Nearly ten years after the adoption of the UN Guiding Principles on Business and Human Rights (“UNGPS”), mandatory human rights due diligence initiatives are on the rise...

  • AG Says ePrivacy Applies to Government Access to Communications Data

    On  January 15, the Court of Justice of the European Union’s (CJEU) Advocate General (AG) Manuel Campos Sánchez-Bordona delivered his Opinion on four references for preliminary rulings on the topic of retention of and access to communications data. Of the four references, two originated from France, one from Belgium, and one from the Investigatory Powers...

  • AG Says ePrivacy Applies to Government Access to Communications Data

    On January 15, the Court of Justice of the European Union's (CJEU) Advocate General (AG) Manuel Campos Sánchez-Bordona delivered his Opinion on four references for preliminary rulings on the topic of retention of and access to communications data. Of the four references, two originated from France, one from Belgium, and one from the Investigatory Powers Tribunal (IPT) in the United Kingdom. The...

  • U.S. government investigates potential threat to e-service providers: France’s Digital Service Tax

    On 10 July 2019, the Office of the U.S. Trade Representative (USTR) initiated an investigation pursuant to Section 301 of the Trade Act of 1974 into France’s Digital Services Tax (DST) to determine whether the tax is discriminatory or unreasonable and burdens or restricts United States commerce. Following an affirmative finding by USTR, the U.S....

  • Tech Tax: “Shake-up” of the International Tax System May Come Soon

    It’s been a busy month in the world of tax for tech companies. France and the UK are introducing digital services taxes, and serious work is underway at the OECD that may result in a shake-up of the international tax system in a manner that affects tech companies and digital businesses in particular, and sooner...

  • Protecting your business: current trends in non-competes and confidential information

    The Hogan Lovells Global employment team is holding a webinar on September 26th at 10 am Eastern Time to highlight current trends in the enforcement of covenants and protection for confidential information in France, Germany, Italy, the Netherlands, Spain, the UK and the U.S. We will discuss the key issues and what they mean in practice...

  • DSM Watch: Implementing the new Copyright Directive in France

    The Copyright Directive (“the Directive”) came into force on 7 June 2019. Member States now have two years to implement it. Amongst the key provisions, Article 15 (former Article 11) creates neighbouring rights for press publishers (see here for an in-depth analysis by DSM watch). In this article we look at the implementation of the...

  • France – Trade secrets protection optimized with new procedural measures before Courts

    The FRAND patent litigation case between Conversant Wireless Licensing SARL and LG Electronics Inc. and LG Electronics France offers a first and exemplary illustration of an extensive use of the procedural arrangements provided by the French Law of July 30, 2018 regarding the protection of trade secrets. The Paris Court of Appeal recently handed down...

  • Hogan Lovells represents Twitter in first ever “fake news” case

    London, Paris, 4 June 2019 – Hogan Lovells recently represented Twitter in the first case brought under the new French ‘fake news’ law. On 17 May a claim brought by Ms. Marie-Pierre Vieu (a European Deputy running for reelection) and Mr. Pierre Ouzoulias  (a French Senator), against Hogan Lovells client Twitter France SAS, was dismissed...

  • France – Trade secrets protection optimized with new procedural measures before Courts

    The FRAND patent litigation case between Conversant Wireless Licensing SARL and LG Electronics Inc. and LG Electronics France offers a first and exemplary illustration of an extensive use of the procedural arrangements provided by the French Law of July 30, 2018 regarding the protection of trade secrets. The Paris Court of Appeal recently handed down...

  • France: Inventive step becomes a patentability requirement at the French patent office

    Law No. 2019-486 on growth and transformation of enterprises or “PACTE” Act was promulgated on May 22, 2019, making inventive step a ground for rejection of a domestic French patent application (new Article 612-12, I, 7° of the French Intellectual Property Code) at the examination level by the French patent office (“INPI”). This provision will come...

  • EU – Trade Secrets Law: practical implementation by businesses

    On 14 March, we organized alongside the Association française des juristes d’entreprise (AFJE) a workshop regarding the implementation of the Trade Secret Law in France, which was voted into force on 30 July 2018 and transposes the European Trade Secrets Directive of June 2016. Here are our key takeaways for international and French companies: What’s...

  • Implementing the EU Trade Marks Directive: Benelux, France, Germany, Italy, Poland & Spain

    Earlier this year, our European team held two webinar sessions focusing on the implementation of the EU Trade Marks Directive and its impact across various Member States. We have just published an info-sheet which covers the key developments in Benelux, France, Germany, Italy, Poland & Spain, and includes a quick-reference comparative table. Download the info-sheet here. The webinar recordings...

  • We are the Champions – France and Germany unite to revive industrial policy at European level

    Following the European Commission's prohibition of the Alstom-Siemens transaction, the French and German governments published a manifesto calling for a reform of current EU merger rules, in order to shape a "European industrial policy fit for the 21st Century". This manifesto appears to be directly addressed to the next European Commission, which will be renewed following the European elections...

  • Going global: Data class actions make their way to the EU

    Class actions have become an increasingly common means to seek redress in data privacy cases. With data breaches and data privacy claims on the rise, we asked our lawyers in France and the U.S. what you should bear in mind. How real is the risk of class actions in data privacy? Michelle Kisloff, U.S.: Class...

  • FRAND license litigation: new ways of accessing relevant rates in France

    Besides its new provisions defining the trade secret and sanctioning its infringements, the French Law of 30 July 2018 regarding Trade Secret offers new procedural instruments aimed at efficiently protecting the confidentiality of the exhibits submitted by the parties. Article L.153-2 of the Code of Commerce provides that any person having access to an exhibit...

  • France: Intellectual property challenges posed by artificial intelligence

    Partner Marie-Aimée de Dampierre published an article in the online summer edition of Les Echos Executives on IP issues in the field of artificial intelligence. This post provides a summary in English and the full article in French is available: here Now that artificial intelligence is a reality, what challenges does it pose for intellectual...

  • Hogan Lovells Global Payments Newsletter l September 2017

    Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as sharing interesting reports and surveys on issues affecting the market. Key developments of interest over the last month include: France publishes...

  • European Court to France: DNA Database Violates Fundamental Rights

    The European Court of Human Rights decided on June 22, 2017 that France's DNA database for convicted criminals disproportionately interferes with individuals' privacy rights because of its one-size-fits-all retention period and the failure to include a procedure to request erasure.

  • The Insurance Distribution Directive….one year to go

      Member States across the EU are due to implement the Insurance Distribution Directive by 23 February 2018.     With just one year to go we have looked at what progress the supervisory authorities in France, Germany, Italy, Poland, Spain and the UK are making with their implementation plans and how firms in each country might be...

  • France imposes an extra notification obligation on Class III and implantable medical devices manufacturers

    On 13 December 2016, the French Decree 2016-1716[1] implementing the French Law 2016-41 modernising the French healthcare system[2] (“French Law 2016-41”) was adopted. This Decree provides important information concerning the obligation for manufacturers of implantable medical devices and manufacturers of Class III medical devices to submit a summary of product characteristics to the French...

  • France: New ADR procedure for .FR domain names

    The World Intellectual Property Organization (WIPO) and the Association française pour le nommage Internet en coopération (AFNIC), the Registry for the .FR country code Top-Level Domain (ccTLD), recently announced the launch of a new alternative dispute resolution (ADR) procedure to resolve domain name disputes under the .FR ccTLD.  This ADR procedure, which became available on...

  • Ignoring GDPR, French Senate Votes for a Data Localization Amendment

    Debated in Parliament since 9 December 2015, the French Digital Bill was subject to a Senate vote on 3 May 2016, two weeks before publication of the General Data Protection Regulation (GDPR) in the EU’s Official Journal. The Digital Bill as voted for by the French Senate on 3 May 2016 includes a data localization...

  • Advocate General at the CJEU emphasizes the importance of competition law arguments in international arbitration (Opinion of AG Wathelet in Case C-567/14)

    On 17 March 2016, Advocate General Wathelet at the Court of Justice of the European Union (CJEU)  delivered his Opinion in Case C-567/14 (Genentech) emphasizing the importance of competition law arguments in annulment proceedings of arbitral awards and calling the French standard of review of arbitral awards “contrary to the principle of effectiveness of EU...

  • Advocate General at the CJEU emphasizes the importance of competition law arguments in international arbitration (Opinion of AG Wathelet in Case C-567/14)

    On 17 March 2016, Advocate General Wathelet at the Court of Justice of the European Union (CJEU) delivered his Opinion in Case C-567/14 (Genentech) emphasizing the importance of competition law arguments in annulment proceedings of arbitral awards and calling the French standard of review of arbitral awards "contrary to the principle of effectiveness of EU law".

  • France: Publication of instructions and notices on the Solvency II regime by the French Insurance Supervision Authority

    As of 1 January 2016 the new risk-based Solvency II regime has become applicable. To finalise its implementation under national law, the French insurance supervision authority (Autorité de contrôle prudentiel et de resolution – “ACPR”) has published in its official register, on 21 December 2015 and on 18 January 2016, various instructions and notices concerning...

  • French National Assembly Votes to Align the CNIL’s Sanctioning Powers with the GDPR

    While organizations in the EU will have to get used to the possibility of receiving fines of up to 4% of total worldwide annual turnover when the General Data Protection Regulation (GDPR) comes into force in roughly 2 years’ time, organizations in France should prepare for higher sanctions sooner. A bill, passed by the French National...

  • Why the U.S. Is Held to a Higher Data Protection Standard Than France

    In a recent column for The New York Times, Nils Muiznieks, the top human rights official for the Council of Europe, warned that recent surveillance laws in Europe undermine fundamental rights for European citizens. Plus, an October 29, 2015, resolution of the European Parliament complains of an “obvious downward spiral” resulting from mass surveillance laws...

  • EU – DARJEELING: A question of “exceptional strength”

    European General Court considers that a reputation of “exceptional strength” can lead to an image transfer within the meaning of Article 8(5) CTMR even for dissimilar goods. The Tea Board brought oppositions against four Community trade mark applications for figurative signs containing the word DARJEELING in classes 25, 35 and 38 in the name of...

  • France: Trickery of speech fails to overcome lack of patentability of claims relating to computer programs per se.

    Paris Court of First Instance (“Tribunal de Grande Instance”), 3rd Chamber, 1st Section, released the full decision in late September for case N°14/05735 In 2010, a French telecom provider launched the sixth generation of its “box”, which serves as an interface between the provider’s network and subscribers’ IT and/or audiovisual and/or telecom equipment and allows such...

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