Copyright - Related Rights - Articles 2 to 5 of Directive 2001/29 must be interpreted as meaning that the copyright protection provided for therein applies to a product whose shape is, at least in part, necessary to obtain a technical result: the product must be an original work resulting from intellectual creation...

Trade mark law - The Trade Mark Directive leaves Member States the option of allowing the proprietor of a trade mark whose rights in that mark have been revoked on expiry of the five-year period from its registration to make genuine use of the mark to retain the right to claim compensation for the injury sustained as a...

Trade mark law - In order to establish whether a sign consists exclusively of the shape of goods which is necessary to obtain a technical result, assessment does not have to be limited to the graphic representation of that sign: other relevant factors such as the perception of the relevant public can also be taken into...

Private International Law - Article 8(2)(a) of Directive 2004/48 on the enforcement of intellectual property rights must be interpreted as meaning that the term 'addresses' contained in that provision does not oblige platforms such as Youtube, in respect of a user who has uploades files which infringe an intellectual...

Trade mark law - A natural person who has imported - without the consent of the proprietor of the trade mark that is affixed to them - ball bearings weighing 710 kg on behalf of a third party and has retained and stored them, prior to their being uplifted for onward shipment to a non-Member State in exchange for a...

Copyright - According to Advocate General Saugmandsgaard Øe, online platfors like Youtube are - as EU law currently stands - not directly liable for the illegal uploading of protected works by the users of those platforms.

As you may know, Directive 2019/790 introduces a new liability regime specific to works...

Privacy - Press release CJEU: “Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-US Privacy Shield is invalid.”

“On 15 May 2020 at its Annual Meeting, the European Patent Litigators Association (EPLIT) appointed Leythem Wall as its new President for the 2020-2022 term. EPLIT is an association for European patent attorneys, whose objectives are for promoting their participation in user friendly, fair, efficient and cost effective...

Trade mark law - Amazon is not infringing Coty trade marks by storing infringing perfumes on behalf of a third party without being aware of that infringement: the Court has already pointed out that ‘using’ involves active behaviour and direct or indirect control of the act constituting the use, in order for the storage...

Copyright - The hiring out of motor vehicles equipped with radio receivers does not constitute a communication to the public: in the case of the supply of a radio receiver forming an integral part of a hired motor vehicle, which makes it possible to receive, without any additional intervention by the leasing company...

"Caroline Pigott has joined the HGF Scottish team. She is dual qualified as a Scottish IP Solicitor and a Chartered Trade Mark Attorney and will be based in Edinburgh. Caroline will be looking to boost the firm’s trade mark presence in the region. Caroline’s  appointment follows another year of exceptional growth...

"HGF Ltd is delighted to announce that from the 1st of May 2020, Dr Jamie Thomson based in the Edinburgh office and Dr Nienke Lubben based in the York office have been promoted to Partner, increasing the Partner group to 63 Partners.

Paul Sanderson, CEO commented, “It is my pleasure to announce that Jamie and...

Trade mark law - The General Court did not err in law in finding that on the date on which the application for registration of the contested Gugler Community trade mark was filed, an economic link existed between Gugler France and Gugler GmbH (which precluded the finding of a likelihood of confusion): in CJEU Schweppes...

Case C-133/20: European Pallet Association v PHZ. Preliminary questions Hoge Raad – Netherlands.

Via gov.co.uk. Preliminary questions: “1.

(a) Does successful recourse to Article 13(2) of the CTM Regulation require that the further commercialisation of the branded products concerned adversely affect or...

Case: C-123/20: Ferrari. Preliminary questions Bundesgerichtshof – Germany.

Design Law. Gov.co.uk: “The following questions are referred to the Court of Justice of the European Union for a preliminary ruling on the interpretation of Article 11(1) and the first sentence of Article 11(2), as well as of Article 4...

Litigation - Case C-264/19: Constantin Film Verleih v Youtube and Google. Opinion A-G Saugmandsgaard Øe.

The dispute concerns the refusal by YouTube and Google to provide certain information required by Constantin Film Verleih with regard to users who have placed several films online in breach of Constantin...

Competition law - Article 101 TFEU. To assess whether a manufacturer of generic medicines that is not present in the market is a potential competitor of a manufacturer of originator medicines when the agreement at issue has the effect of temporarily keeping an undertaking outside a market first it must be determined...

PetaPixel: “Earlier today, the Supreme Court of the United States dealt a major blow to photographers’ copyright protections when it declared that states cannot be sued for copyright infringement because they have “sovereign immunity.”

The opinion came down as part of a writ of certiorari regarding the case of ...

New York Times: “Israel approved the licensing of a generic version of an HIV drug to treat patients infected with the coronavirus on Thursday, despite doubts about its effectiveness in trials.

The anti-viral drug Kaletra, produced by AbbVie Inc, could be a possible treatment for COVID-19, Israel's Health...

Press release Bundesverfassungsgericht: "The Act of Approval to the Agreement on a Unified Patent Court (“the Act of Approval”) to confer sovereign powers on the Unified Patent Court is void. In its outcome, it amends the Constitution in substantive terms, though it has not been approved by the Bundestag with the...