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European Union: Court of Justice Invalidates U.S.-EU Privacy Shield

(Aug. 4, 2020) On July 16, 2020, the Court of Justice of the European Union (CJEU) held that the Privacy Shield Adequacy Decision of the European Commission on personal data transfer from the European Union (EU) to the United States (U.S.) was invalid because the level of data protection in the U.S. was not essentially […]

New Zealand: Government Launches Charter on Use of Algorithms by Public Agencies

(July 31, 2020) On July 28, 2020, the New Zealand government launched the Algorithm Charter for Aotearoa New Zealand, with the minister for statistics stating that it was the first country in the world “to outline a set of standards to guide the use of algorithms by public agencies.” The charter, which has been signed by 21 public […]

Norway: Data Protection Authority Orders International Baccalaureate to Explain Its Automated Use of Personal Data in Awarding Final Grades during Pandemic

(July 24, 2020) On July 20, 2020, the Norwegian Data Protection Authority (NDPA, Datatilsynet) issued a letter to the International Baccalaureate Organization (IBO) ordering it to explain its use of personal data, atomization, and historic prediction data in awarding final grades to Norwegian International Baccalaureate Diploma students during the current COVID-19 pandemic. The NDPA is […]

China: Citizens Must Obtain Green Health Code to Board Flights Returning to China

(July 9, 2020) On April 7, 2020, the Civil Aviation Administration of China (CAAC) and the General Administration of Customs jointly issued an announcement requiring Chinese citizens returning home from 26 countries to obtain a green health code before boarding flights. The rule aims to reduce the cross-border spread of COVID-19, according to the announcement. […]

International: World Intellectual Property Organization Announces Service Providing Evidence of Intellectual Assets’ Authorship

(July 1, 2020) On May 27, 2020, the World Intellectual Property Organization (WIPO) announced a new service called WIPO PROOF, which reportedly provides evidence of the existence of digital files in any format at a point in time in order to document their authorship. According to WIPO, because creative activities are increasingly digital, global, and […]

Australia: WTO Appellate Body Rejects Appeal Regarding Plain Packaging of Tobacco

(June 18, 2020) On June 9, 2020, the World Trade Organization’s (WTO’s) Appellate Body issued its reports on cases brought by Honduras and the Dominican Republic against Australia’s tobacco plain packaging requirements. (Australia — Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (DS435 and DS441).) The […]

China: Recommended National Guidelines for Health Code Apps Issued

(June 9, 2020) On April 29, 2020, the Standardization Administration of China and the State Administration for Market Regulation jointly released a series of National Guidelines for Personal Health Information Codes that specify requirements for health code apps in their collection, processing, and use of personal health information. During the current COVID-19 pandemic, Chinese provinces […]

International: World Intellectual Property Organization Announces 2019 as “Best” Year for Intellectual Property Services, Treaties, and Finances

(Apr. 15, 2020) Last week, the World Intellectual Property Organization (WIPO) released its 2019 statistics, recording 2019 as its best year for intellectual property (IP) services, treaties, and finances since WIPO’s creation in 1967. It also announced that in 2019, China surpassed the United States as the top filer of international patents—the first time any […]

European Union: Court of Justice Clarifies Test for Morality as Ground for Rejecting EU Trade Mark

(Mar. 31, 2020) On February 27, 2020, the European Court of Justice (ECJ) ruled that “no concrete evidence has been put forward” that the registration of the word sign “Fack Ju Göhte” as an EU trade mark would be “against the fundamental moral values and standards of society.” (Case C‑240/18 P, para. 69.) The ECJ held […]

Mexico-US: Agreement on Patents Signed

(Feb. 6, 2020) On January 28, 2020, Mexico’s Institute of Industrial Property (Instituto Mexicano de la Propiedad Industrial, IMPI) announced that it had reached an agreement with the United States Patent and Trademark Office (USPTO) aimed at expediting the approval of patents in Mexico for individuals and companies that are already in possession of a […]