Home Knowledge Looking Forward…Coming Up in 2013

Looking Forward…Coming Up in 2013

February 26, 2013

The Technology and IP sectors continued to progress significantly throughout 2012, reflecting the ever-growing importance of these areas. Legal battles waged over mobile patents between Samsung and Apple, ‘cookies’ took on a second meaning and record fines were issued for breaches of privacy and data protection rights. 2013 will certainly not disappoint. We have set out below a brief overview of what we expect to be the key legal areas in the coming year.

Data Protection
The European Commission’s long-awaited Data Protection Regulation is getting closer to its final form. The Regulation seeks to harmonise the various fragmented data protection regimes that exist throughout EU member states and to establish a clear regulatory system for data controllers, processors and subjects alike. Data protection is an issue that has already been flagged for progression during Ireland’s presidency of the Council of the European Union, where informal meetings have already been held and an official report is expected in March 2013. All this could see Ireland play a pivotal role in how data protection law is shaped within the EU for the next decade and beyond.

Enforcement of Cookies Legislation
A general lack of awareness on the part of individuals in relation to the increased uses (many benign, some less so) being made of ‘cookies’ was a much discussed topic in 2012.  This led to the Irish Data Protection Commissioner introducing legislation requiring “clear and comprehensive information” which is “prominently displayed and easily accessible” so that each user can better understand the role and purpose behind the different kinds of cookies being used by websites. In 2013 the enforcement of these requirements is likely to become an increasingly important issue. In December 2012 the Data Protection Commissioner sent letters to 80 website operators in Ireland asking them to clarify their compliance with the new regulations (see here). Clearly, this was an action designed to get the attention of businesses generally. If previous trends hold true (and we expect they will), then the next round of action during 2013 is unlikely to be as restrained. The attention cookies is receiving from both the media and the EU Data Protection Authorities means that we will likely see many more developments in this area over the course of 2013, including the emerging case in the UK against Google.

Big Data
Moore’s law continues to be upheld year after year and nothing is more of a testament to this than the emergence of Big Data. The International Data Corporation estimates that there are now almost two zettabytes (that’s a ‘1’ followed by twenty-one ‘0s’!!) of digital data, with vast amounts constantly being added. This is in turn connected to the proliferation of data centres and cloud computing. The developments in this area have the potential for creative disruption in all sectors. As more and more data is available for analysis, businesses will have to work out ways to make appropriate use of such data, as well as adapt to regulatory and market changes, in order to remain competitive and relevant.

But with the ability to mine vast amounts of data comes troubling privacy concerns. For example, Raytheon, the world’s fifth largest defence contractor, has developed new software known as RIOT (Rapid Information Overlay Technology) which is capable of collating and analysing all the information available on a person from his/her social media accounts. It then uses this information to make predictions on that person’s behaviour as well as to graphically represent his/her social circles and most frequented locations. When launched, this type of data mining technology will undoubtedly lead to privacy and data protection claims.

Anti-Counterfeiting
Our Anti-Counterfeiting Group went from strength to strength in 2012 with a number of very successful high profile seizures for our clients.  Brian McElligott was heavily involved with the successful drive for the inception of the Irish branch of the leading industry representative body, the Anti-Counterfeiting Group, at the latter end of 2012.  During 2013 we expect to see the growth of this group as it raises the profile of the anti-counterfeiting agenda with consumers, customs, law enforcement and politicians.  We expect that the number and size of seizures of counterfeit goods will increase in 2013.  A key event for your diaries will be our Anti-Counterfeiting Group’s Roadshow in Dublin in early July.

EU Patents
An EU-wide patent system could soon be in place, paving the way for several significant changes in the patent process throughout Europe. The new system will allow for the grant of a single patent that will cover 25 of the 27 EU member states. Spain and Italy have opted not to take part (for now) in the new system. Due to take effect from 1 January 2014, this unification will be of great significance for many patent holders and those who are considering filing for patent protection. The cost advantages of being able to make a single application as opposed to several applications (sometimes dozens) will mean that EU-wide patent protection will become a real and viable option for businesses.

eHealth
With the ubiquity of technology comes the inevitable development of exciting new ways in which to use that technology. eHealth is a prime example of technology working in this way. This sector is finding clever ways to improve healthcare services throughout Ireland and elsewhere, by means of online services, digital storage of health records, diagnostic aids, etc. A potentially emerging area in this sector is the target marketing of certain pharmaceuticals to specific individuals based on medical data. The more and more we collate and digitally store information relating to our health, the more targeted companies’ marketing of various medicines will become.

However, as with all health-related areas, there is usually quite a minefield of regulations. The Health Information and Quality Authority (HIQA) has been involved in establishing the eHealth Standards Advisory Group (eSAG). Following the publication of the ‘Statement of Outcomes Report on the Outcome of the Public Consultation on Developing eHealth Interoperability Standards for Ireland’, the sector is gathering momentum and will likely see several innovative diagnostic devices/apps emerge this year.

File Sharing
The debate around file sharing and ISPs’ liability in relation to such activity has emerged again with the action taken against five Irish ISPs: UPC, Vodafone, Digiweb, Imagine and Hutchison 3G Ltd. The action concerns access to Pirate Bay and is based on the new Regulation, SI No. 59 of 2012, which amends the Copyright and Related Rights Act 2000 to allow the High Court to issue injunctions against intermediaries where copyright is being infringed. The case has been admitted to the Commercial Court and is likely to have a substantial impact on copyright issues in the coming year, no matter what the outcome.

These are only a sample of the exciting developments to come in 2013. As regulation of the Technology and IP sectors increases and enforcement becomes more prominent, good businesses will need to keep up to date with these legal trends in order to remain competitive. With all of this, 2013 is poised to be a busy year and we hope a prosperous one for our clients.

Contributed by:  David Cullen