Updates

Jurisdiction

2019

In 2018, a record of 3,447 cases have been filed by the trademark owners under the Uniform Domain Name Dispute Resolution Policy (UDRP) with WIPO’s Arbitration and Mediation Center. the number of domains involved was only the third highest, of the 5,665 domains involved, 5022 were gTLDs and 633 were ccTLDs. In 2019, the number of cases is expected to rise again due to the GDPR regulations.

The European Commission has fined Google €1.49 (US$1.7 billion) for abusing its dominant position in the market for online advertising related to its AdSense advertising service. According to the commission’s press release, Google has abused its dominant position in the market by imposing anti-competitive contractual restrictions on third-party websites. This is the third antitrust fine for Google by the EU in the last three years.

 

The European Union (EU) Parliament has approved the enactment of the European Disabilities Act. This is considered as an important first step that will pave the way for EU legislation to that will ensure that products and services become accessible for persons with disabilities. 

More importantly the Act will ensure that people living with disabilities within the EU have access to information Communication Technology (ICT)s services and devices such as computers, smartphones, tablets, TV sets, banking ATM and services, payment terminals, e-books and e-readers, e-commerce websites and mobile apps and ticketing machines.

Huawei is contesting in court that the US Defence Authorisation Act, which prohibits US government agencies and contractors to use Huawei equipment, is unconstitutional. The USA banned Huawei equipment due to security and espionage concerns in 2018. Huawei claims that the USA has failed to provide evidence for these statements thus violating due process.

Facebook and Instagram sued four Chinese entities over having fake accounts on their platforms as well as selling fake accounts on Amazon, Apple, Google, Twitter, and LinkedIn. The claim filed at the US federal court is seeks prevent creating and promoting the sale of fake accounts, likes, and followers on Facebook and Instagram and illegal use of their trademarks.

The European Parliament, the Council of the EU and the Commission announced in a press release that a political agreement was reached on the draft of the Copyright Directive, a result of trilogue being held since September 2018. The EU Parliament and the Council need to approve the agreed compromise into law. According to the European Parliament, no new rights or obligations are being created, and the ordinary user will not be affected. The EU Copyright Directive will regulate the existing rights and obligations of large internet platforms with content creators, making sure that the content creators such as artists and  journalists have a more equal position towards the big internet platforms.

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