Brussels IP and Tech Update – June 2023

In this edition of our IP and Tech Update, we bring you news on the launch of the new UPC system, the EU proposals on pharma law and green claims, the status of the Data Act and the Digital Services Act, new proceedings to combat large-scale online copyright infringements and ethical hacking.

We also add some contributions and updates from our Benelux colleagues that may be relevant to your business.

We’re also pleased to announce the publication of our 2023 Trade Secrets Guide.

 

Featured insights

UPC finally open for business: A new era for European patent litigation

On 1 June 2023, the new Unified Patent Court and Unitary Patent system was finally launched. The UPC provides a uniform, centralized framework for revocation and infringement proceedings regarding both European Patents and Unitary Patents. DLA Piper has appointed a core UPC team in the participating member states to help you with any questions you may have. If you have any questions, get in touch with Alexis Fierens.

EU Pharma Law Reform

On 26 April 2023, the European Commission adopted its long-awaited proposal for the revision of the EU regulatory framework for medicinal products (Pharma Law Reform), the most significant review of EU pharmaceutical legislation since 2004. For an overview of the main changes introduced by this proposal, read our blogpost here.

EU Proposal for Green Claims Directive

On 22 March 2023, the European Commission presented its proposal for a directive for environmental advertising claims. The European Commission wants to combat misleading greenwashing by companies. Read more about this proposal and what it means for companies here.

Data Act nearing adoption

The EU Data Act is expected to be adopted around the end of June 2023. The Data Act contains rules regarding data sharing, access to and reuse of data, contractual terms for data sharing and use, compensation mechanisms, emergency access to data, switching between data processing services and facilitating data portability. The draft text is currently subject to negotiations which may still lead to (significant) changes in the final text. Notable remaining points of discussion include the scope of the concept of “functional equivalence” in cloud-switching obligations and the protection of trade secrets when non-personal data is transferred outside the EEA.

Irish DPC bans Meta’s EU-US data flows and issues record EUR1.2bn fine

The Irish Data Protection Commission (DPC) has published a decision that could affect the ability of thousands of companies to move personal data from the European Economic Area (EEA) to the US. For Meta, the decision has resulted in a record administrative fine of EUR1.2 billion, an order to suspend further transfers of EEA personal data to the US within five months and an order to cease all unlawful processing of EEA personal data transferred to the US in violation of GDPR. Read more about the decision here.

DSA news: European Commission appoints 17 VLOPs and 2 VLOSEs

On 25 April 2023, the European Commission published a first “designation” decision under the Digital Services Act (DSA), designating a number of platforms as Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs). This designation triggers a four-month period within which the designated platforms must comply with the full set of DSA obligations applicable to them, including additional transparency measures, content moderation obligations and a prohibition on targeted advertising based on profiling towards children. Read more about it here.

New proceedings for large-scale online copyright infringement in Belgium

Copyrights are prone to large-scale infringements in the digital world. The Belgian legislator further enhanced this fight against large-scale infringements of copyrights, neighbouring rights and database producer rights through the introduction of new ex parte summary proceedings, by which rightsholders can ask to impose interim measures on infringers and intermediaries. The date of entry into force is still to be decided by Royal Decree, but is expected to be in 2024. For more information, read our blogpost.

Ethical hacking now allowed in Belgium

The Belgian legislator recently amended the existing Belgian NIS1-legislation to legalise ethical hacking of IT systems located in Belgium subject to some conditions. Now that the first ethical hacking policies are being drafted or updated (for the more proactive companies out there), several questions arise. For more information, read our blogpost here.

New reading material: The EU and IP towards a greener economy

Our IP lawyers have published an article in the latest issue of BMM Bulletin with an overview of recent legal initiatives that the European Commission has taken in the field of IP and that have a link with or are specifically aimed at supporting sustainability and the European Green Deal. Reach out to your usual DLA Piper contact if you’re interested in this article.

New EU guiding principles to boost knowledge valorisation

In December 2022, the Council of the European Union adopted Recommendation 2022/2415 on the guiding principles for knowledge valorisation with the aim to create more socioeconomic benefits from research and innovation (R&I) for society. For more information, read our blogpost here.

 

Benelux news

Dutch Sustainability Claims Guide

On 13 June 2023, the Netherlands Authority for Consumers and Markets published an updated version of its Sustainability Claims Guide. The Guide contains rules of thumb and practical examples to help companies formulate sustainability claims. Read the guide here.

Trademark video series

The Luxembourg IPT team has launched its “Trademarks 101 by DLA Piper Luxembourg” video series. The team guides you through the basic concepts related to trademarks: from their nature and registration to use and protection. You can find the series here or on our social media.

NFTs

Can the owner of a painting lawfully turn it into an NFT and “hang” it in the metaverse? Owning a painting doesn’t generally give the owner any copyright, but do these rules apply in the metaverse? Read the full article written by our Luxembourg colleagues on the VEGAP v Mango case for Law à la Mode here.

Generative AI

Generative AI systems can be very useful tools. But training them and generating outputs may infringe the rights of others, including copyrights, image rights or database rights. Our Luxembourg colleagues and UK colleagues analyse the risks and the protection of the outputs in this article.

 

Valuable resources

DLA Piper Belgium published its 2023 Trade Secrets Guide in collaboration with Chambers and Partners. The guide provides a clear overview on trade secrets law and litigation in Belgium. Read it here.

 

We’d like to hear from you

Do you have a question about intellectual property, technology or data protection or a topic you’d like us to address in this IP and Tech Update series? Email us and we’d be more than happy to look into it.

We look forward to receiving your requests and feedback.