Preview Intellectual Property Newsletter 3/2023

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Intellectual Property newsletter I Edition 3/2023 2 © 2023 Copyright owned by one or more of the KPMG International entities. KPMG International entities provide no services to clients. All rights reserved. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. Contents CZ CH ES DE ES IT VN 1 Introduction p.03 2 Image right protection for Michelangelo’s David p.04 3 New EU Unitary Patent and Unified Patent Court p.05 4 Switzerland’s road to a driverless future p.07 5 Overview of franchising in Vietnam p.10 6 Media companies and the metaverse p.13 7 Developments on private copying levy p.18 8 Calculation of dies a quo on infringements p.19

Welcome to the new edition of the KPMG Intellectual Property newsletter on developments in the world of copyright, patents, trademarks, designs, domains and other Intellectual Property rights (“IPRs”).

We have compiled a number of interesting articles from around the world that provide insights into new developments. KPMG firms are proud of their global network of IP lawyers, business advisors and other IP experts enabling KPMG professionals to offer an international service to clients in this area.

In this edition, we take a closer look at the cultural heritage, which is often used for economic and advertising purposes. We report on efforts which aim at protecting image rights of cultural goods in Italy.

Then we explore the future of transportation. Autonomous driving is one of the hot topics and we analyze the latest developments in Switzerland.

We also provide some insights on legal frameworks. In the field of patents, the Unified Patent Court has finally started its work, putting a temporary end to a long development. The European Unitary Patent is expected to simplify patent protection in the EU, and we explain what this means to you.

Furthermore, we examine the franchising framework in Vietnam which offers lots of business opportunities for foreign investors.

The metaverse provides lots of opportunities, but also challenges. We analyze what this means for media companies. In addition, we consider some recent developments in Spain and inform you about the Spanish Royal Decree 209/2023 and a ruling on liability for trademark infringement.

We hope you enjoy reading.

KPMG Law Rechtsanwaltsgesellschaft mbH

T +49 30 53019-9731

awipper@kpmg-law.com

Madlen Müllensiefen

IP Portfolio Management

KPMG Law Rechtsanwaltsgesellschaft mbH

T +49 69 95119-5641 madlenmuellensiefen@kpmg-law.com

Intellectual Property newsletter I Edition 3/2023 3 © 2023 Copyright owned by one or more of the KPMG International entities. KPMG International entities provide no services to clients. All rights reserved. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. 1 Introduction

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Throughout this document, “we”, “KPMG”, “us” and “our” refers to the global organization or to one or more of the member firms of KPMG International Limited (“KPMG International”), each of which is a separate legal entity. KPMG refers to the global organization or to one or more of the member firms of KPMG International Limited (“KPMG International”), each of which is a separate legal entity. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. For more detail about our structure please visit kpmg.com/governance.

The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

© 2023 Copyright owned by one or more of the KPMG International entities. KPMG International entities provide no services to clients. All rights reserved. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization.

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