Weekly IP Buzz for the Week Ending May 8, 2020
In this week's post, we take a look at the General Data Protection Regulation, and see how two years later, it fails to impress. With enforcement of GDPR seemingly lacking, critics point to failure in its current state and many worry that privacy protection has lost its momentum.
Also, what does it cost to get a patent and what’s the process for filing a patent application?
Is GDPR Simply a Myth? Lack of Enforcement Raises Privacy Expert Concerns
It has been almost two years since the European Union (“EU”) passed the General Data Protection Regulation (“GDPR”), an all-encompassing legislation that many lauded as the apex of privacy protection law. But now, years later, many criticize the lack of punishment and enforcement of GDPR’s sweeping regulations.
While the GDPR has quietly fallen to the wayside in the past few months, its failures to enforce came to the forefront recently as efforts to slow the spread of the cornonavirus raised questions about user privacy once again. As the coronavirus pandemic unfurled across the globe, many noticed that the invasive measures taken by medical and government officials were not flagged under the GDPR as they should have been, which prompted many to question whether there truly is enforcement of GDPR. While the EU has refused to acknowledge any problems with the GDPR in its current state, experts in the field point to a lack of funding, limited staff, and an overall unwillingness to enforce the law as just a few of the problems that currently exist with the GDPR.
Back when the GDPR was first passed, the EU promised that it would set strict limits and restrictions on the amount of sensitive data that companies could collect from users with or without consent. Fines that could total up to four percent of an entire company’s global revenue were applauded as privacy proponents felt that only significant fines could dissuade technology giants from continuing their current practices. And as the GDPR seemed unwavering in its mission to protect consumers, it was not long before other countries followed suit by passing legislation in their countries that closely mirrored provisions of the GDPR or the GDPR as a whole.
But now, two years later, enforcement of GDPR has seen only one technology giant fined and the fine was considered insignificant by most.
Click here to read the key takeaways and full article.
Have an Invention -- What Are the Next Steps to Get a Patent?
Thinking about pursuing a patent application for an invention? This article discusses the major decision points in the patenting process as well as typical cost ranges for design patent applications, provisional patent applications, utility patent applications, and patentability searches.
Find the full article here.
Click to read the previous Weekly IP Buzz on Thriving Attorney.
For more posts, see our Intellectual Property Law Blog.
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In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.