Data protection in Japan

Data Protection | 03 May 2019

In Japan, in cases of privacy violation or defamation, personal information/privacy was once protected mainly by injunctions or claims for damages based on tort law. However, the situation changed dramatically with the enactment of the Act on the Protection of Personal Information (the APPI) in 2005. When large-scale leakage of personal information occurs, a number of victims still bring collective lawsuits under tort law, however, the most routine and significant law for private business operators handling personal information is the APPI. [Continue Reading]

Damages in trade mark infringement cases

Intellectual Property | 03 May 2019

Bosnia and Herzegovina (B&H) is yet to become a candidate for EU accession. The Stabilisation and Association Agreement (SAA) between B&H and the EU has been ratified and entered into force on 1 June 2015. Under the SAA, B&H has undertaken not only to harmonise its substantive law with the EU legislation, but also to ensure adequate and effective protection and enforcement of intellectual property (IP). [Continue Reading]

Copyright protection on fashion design

Intellectual Property | 03 May 2019

In August 2018, the Taiwan Intellectual Property Court sided with the fashion industry in a copyright infringement lawsuit by holding that the overall style, colour, image and layout of the plaintiff’s designer handbags can reflect the author’s aesthetics and are works of art protected by copyright. This judgment substantially expanded the scope of copyright protection from the separate design elements, such as the patterns, zippers and devices, to the product itself. [Continue Reading]

Brand and reputation management with a focus on tax controversy

Tax | 03 May 2019

Due to ethical discussions, the tax environment has much changed within the last few years. Being tax compliant and managing tax risks to preserve the corporate reputation and protect the management became increasingly important. This article provides a short overview of the Austrian tax litigation procedure and instruments for reputation management. [Continue Reading]

Is it possible to manage a brand in the current online world?

Reputation Management | 03 May 2019

The way the internet works is an issue on everyone’s mind. The growth and power of massive social media platforms, fake news, online scams, how we as consumers receive and understand information and who controls this is mainstream news. These platforms have made it easy to get messages to a wide and international consumer base. Online marketplaces have made it far easier to sell products all over the world and to reach almost any customer, but they make illicit use easier and more accessible as well. [Continue Reading]

Regulation of cryptoassets: stifling innovation or a catalyst for growth?

Cryptoassets | 03 May 2019

The Financial Conduct Authority (FCA) recently launched a consultation on its proposed guidance on cryptoassets (CP19/3). The move comes as part of the UK Cryptoasset Taskforce’s wider look into the regulation of the cryptoasset market.  [Continue Reading]

Chinese e-commerce law: new challenges and new opportunities

Asia | 03 May 2019

The E-commerce Law of the People’s Republic of China was implemented on 1 January 2019. As the first comprehensive legislation in the field of e-commerce in China and one of the first in the world, the legislation aims to protect the legitimate rights and interests of the parties in e-commerce business, regulate e-commerce behaviours and maintain market order. [Continue Reading]

Protecting your brand – the Scottish option

Intellectual Property | 03 May 2019

A brand is one of the most important and valuable assets of any business. It attracts customers to that business or product line, acts as an indicator of trustworthiness or quality, and ultimately is a key touch point for creating customer experiences and loyalty. Any damage to that brand, through copycat products or association with another discredited brand, advertiser or social media influencer, could have a significant negative impact on customer behaviour and, if not dealt with swiftly, could ultimately devalue the brand. That is why it is crucial to choose the right strategy to protect your brand. [Continue Reading]

The risk-based approach under the GDPR and Swiss data protection laws

Data Protection | 03 May 2019

The General Data Protection Regulation (GDPR) and the Revised Swiss Data Protection Act (revised FADP) embrace a risk-based approach to data protection. Organisations that control the processing of personal data (controllers) are encouraged to implement protective measures corresponding to the level of risk of their data processing activities. [Continue Reading]