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2022 IP Outlook Report: The Developments Shaping European IP Law

Key Takeaways and Outlook for 2022

While European intellectual property (IP) regimes have slowly digested the Brexit shock, brand owners are vacillating between optimism and apprehension in 2022 as they navigate continuous developments in IP law. At the forefront is the prospect of greater patent law harmonization with the entry into force of the Unified Patent Court (UPC) and the European patent with unitary effect. En route to this unification, however, are some anticipated challenges.

The actions initiated in 2021 that will continue to spark conversation (and controversy) in 2022 include:

  1. After a Multiyear Saga, UPC Nears Fruition
  2. SEPs and FRAND Laws Take Unexpected Turns Throughout Germany, Europe
  3. Luxe Cosmetic Brand Successfully Obtains Trademark Protection for 3D Lipstick Shape
  4. No Similarity Between Water and Alcoholic Beverages in the European Union
  5. German Patent Act Reform Poses Substantive Changes but Not a “Game Changer”

Read the full report.

Dominik Rissman, a trainee in the Dusseldorf office, also contributed to this report.

2022 IP Outlook Report: The Developments Shaping Copyright Law

Key Takeaways and Outlook for 2022

Like so many things in 2021, a few long-awaited copyright developments have spilled into 2022, with anticipated amendments to key provisions in the Digital Millennium Copyright Act topping the list of legislation to watch.

The key issues we are tracking include the following:

  1. Proposed Changes to the Digital Millennium Copyright Act
  2. The Fair Use Doctrine in Light of Google LLC v. Oracle America, Inc.
  3. Transformativeness in Fair Use under The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
  4. Unicolors and H&M Hennes & Mauritz Face Off in SCOTUS Infringement Dispute
  5. Copyright Alternative in Small-Claims Enforcement Act: A Venue and a Less-Complex Process in Sight in 2022

Read the full report.

2022 IP Outlook Report: The Developments Shaping Patent Law

Key Takeaways and Outlook for 2022

Tracking with this era’s continuation and uncertainty trends―global supply chain disruption, innovation outpacing legislation, the unstoppable internet of [all the] things (IoT)―2022 is expected to be another busy year in the world of patent litigation.

We fully expect persistence in these spaces:

  1. Patents/SEP FRAND Licensing
  2. Venue Developments
  3. Subject Matter Eligibility Roundup in 2021
  4. PTAB IPRs, CBMS and Other Proceedings

Read the full report.

2022 IP Outlook Report: The Developments Shaping Trademark Law

Key Takeaways and Outlook for 2022

While Gen Z taught us all on TikTok how not to be “cheugy,” or out of touch with pop culture, similarly, trademark law in 2021 ushered in new and changed regulations, provided further guidance on traditional legal concepts and gave us a peek into how brands may help shape the future in the “metaverse”—and beyond. Trademarks (like Gen Z), keeping us all hip.

After another year of uncertainty marked by an ongoing pandemic, environmental strains, fights for social justice and a growing understanding of what it means to be truly equitable and inclusive, we expect that brands will continue to serve as cultural beacons, consumer protection tools and drivers of change in 2022. Developments to watch include:

  1. TMA & Other Leveled-Up PTO Measures to Combat Fraud
  2. Trademark Law and the First Amendment
  3. Tackling Counterfeit Dangers as Online Shopping Promotes Economic Boom
  4. Terrestrial Branding Takes on the Virtual World
  5. Procedure and Trademarks in 2021

Read the full report.