Intellectual Property ' A Look Forward 2022

• Published date: 09 March 2022
• Subject Matter: Intellectual Property, Media, Telecoms, IT, Entertainment, Copyright, Patent, Trademark, Advertising, Marketing & Branding
• Law Firm: Arthur Cox
• Author: Ms Olivia Mullooly, Gavin Woods, Naoise Cosgrove, Alison Peate, Isabel Cooke (Trainee) and Shannon Buckley Barnes

The Intellectual Property Group looks at upcoming developments in IP law, including: new legislation, the Unitary Patent and expected cases of significance. For a review of changes in IP law that unfolded in the past 12 months, please see our "Look Back" article, here.

Upcoming Legislation

• Legislative proposals are expected from the European Commission in the second quarter of 2022 for the revision of both the Directive 98/71/EC (the "Design Directive") and Council Regulation (EC) No 6/2002 (the "Community Design Regulation").
• The European Commission has published proposals for a "Data Act" which will aim to facilitate the access to and use of data, including in a business-to-business context. As part of the development of this initiative, a review of Directive 96/9/EC on the legal protection of databases (the "Database Directive") will be conducted The current proposals clarify that databases containing data from Internet-of-Things devices and objects should not be subject to separate legal protection. Further developments on the Data Act initiative are expected this year.
• The UK Intellectual Property Office (IPO) launched a consultation in October 2021 in relation to AI and the protection of works created by AI. This consultation closed in January 2022 and while specific to the UK, any developments in this area will be interesting to note as potential areas for regulation at both an EU and national level.
• A full draft of the Online Safety and Media Regulation Bill has been published by the Irish Government. This Bill will transpose the revised Audiovisual Media Services Directive into Irish law and will establish a new regulator, the Media Commission to replace the Broadcasting Association of Ireland and to include a new Online Safety Commissioner. While the Bill does not include changes to IP law, this development will have a significant impact on content creators and audio visual services suppliers. The Bill is now passing to debate stage and is likely to be enacted before the end of the year. Also in the content regulation sector, Regulation (EU) 2021/784 on Terrorism Content will apply from 7 June 2022. This Regulation introduces strict new requirements for online 'hosting service providers' to remove flagged terrorist content within one hour, provide reasons for the removal of content on request and monitor their own compliance by submitting annual reports. It also includes provisions for Member States' authorities to take action for the removal of terrorist content and for mechanisms of better cooperation between Member States.
• The EU's Digital Services package, the Digital Services Act ("DSA") and Digital Markets Act (DMA), aims to create a safer digital space where the fundamental rights of users are protected and to establish a level playing field for businesses. On 20 January 2022, the European Parliament finalised its position on the draft Digital Services Act, which was adopted with a broad majority during the plenary session. This follows the approval by the European Parliament of the DMA in December 2021. Negotiations between the European Parliament and the Council of...