IP, IT and Data in 2025: From Ferraris and Birks to AI
Matt Moffa and Erin Earl wrote an article for the Transatlantic Law Journal titled, “IP, IT and Data in 2025: From Ferraris and Birks to AI.”
Introduction
The year 2025 marked an inflection point for the legal architecture governing intellectual property (“IP”), IT, and data, as courts and regulators in the European Union, Germany, and the United States sharpened rules, expanded jurisdictional reach, and began stress-testing ambitious digital frameworks in practice. Against the backdrop of generative AI’s rapid deployment, courts refined doctrinal boundaries in trademark, copyright, design, and patent law, while the Unified Patent Court (“UPC”) cemented its appeal for cross-border disputes and EU courts clarified their capacity to adjudicate infringement actions touching foreign rights. Legislators moved from enactment to implementation – the EU on the AI Act and Data Act and the U. S. through a mosaic of state statutes and federal executive direction. Cybersecurity obligations also intensified, with the NIS2-Directive and the Digital Operational Resilience Act (“DORA”) reshaping EU requirements and U. S. measures adding safeguards for financial institutions, health care, and child-directed services. This article distills the most consequential 2025 developments for transatlantic practitioners, highlighting convergence, fragmentation, and implications for litigation, compliance, and strategy in the year ahead.
Written by: Benedikt Burger, Jan Hinrichs, Matthew J. Moffa, and Erin K. Earl
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Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.