European Parliament votes in favour of new copyright laws

IP10138

BBC News: “Controversial new copyright laws have been approved by members of the European Parliament. The laws had been changed since July when the first version of the copyright directive was voted down. Critics say they remain problematic. Many musicians and creators claim the reforms are necessary to fairly …

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A-G CJEU: EU law does not preclude national legislation concerning publication

IP10137
Case law

Case C-215/17. Nova Kreditna Banka Maribo d.d. v Republika Slovenija. Opinon A-G Bobek. Request for a preliminary. Vrhovno sodišče Republike Slovenije (Supreme Court of the Republic of Slovenia).

 

Copyright - Trade Secrets Law. Nova Kreditna Banka Maribor d.d. ('NKBM') is a Slovenian Bank. A journalist made a …

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CIOPORA Academy Workshop on Intellectual Property for Plants - September 5 - 6, 2018

IP10136
Events

CIOPORA & Buchanan Ingersoll & Rooney: "CIOPORA Academy is partnering with Buchanan Ingersoll & Rooney to bring the next workshop in its series to Washington, D.C. The workshop will provide participants with a 360-degree perspective on the available IP instruments for plant innovators and, for the first …

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Member States are required to recognize a body collectively representing trade mark proprietors if national law allows that body to bring legal proceedings

IPPT20180807, CJEU, SNB-REACT v Deepak Mehta

Litigation - Collective rights management - Member States are required under article 4(c) of the EU Enforcement Directive to recognize a body collectively representing trade mark proprietors as a person entitled to seek, in its own name, the application of the remedies laid down in the EU Enforcement Directive and to …

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Posting a presentation written by one of the school's pupils on the school website, which included a photograph that is freely accessible on the internet can be considered as an act of communication to a new public

IPPT20180807, CJEU Land Nordrhein-Westfalen v Renckhoff

Copyright  Posting a photograph that was published on another website, made with the same technical means, without any restrictive measures and with consent of the copyright holder falls under the concept “communication to the public”: There is an “act of communication” when such posting gives visitors to …

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CJEU on criteria for products that are "protected by a basic patent in force” in the SPC Regulation for Medicinal Products

IPPT20180725, CJEU, Teva v Gilead

Patent Law - A product composed of several active ingredients with a combined effect is ‘protected by a basic patent in force’ within the meaning of Article 3(a) of the SPC Regulation for Medicinal Products where, even if the combination of active ingredients of which that product is composed is not expressly …

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Trade mark propietor is entitled to oppose debranding

IPPT20180725, CJEU, Mitsubishi v Duma

Trade Mark LawTrade mark proprietor is entitled to oppose, on the grounds of Article 5 of the Trade Marks Directive (2008) and Article 9 of the EU Trade Mark Regulation, a third party removing all the signs identical to that mark and affixing other signs, without its consent, on products placed in the customs …

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IViR: "Number of Internet pirates in Europe decreases, legal media consumption rising"

IP10135

From the press release: "The percentage of Internet users in Europe that occasionally downloads or streams music, films, series, books or games illegally, e.g. via The Pirate Bay or PopcornTime, has decreased between 2014 and 2017. This decrease is strongest for music, films and series. Meanwhile, expenditure on …

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Evidence submitted by KitKat must be capable of establishing acquired distinctive character throughout all Member States

IPPT20180725, CJEU, KitKat

Court of Justice of the European Union Press Release: "[...] The Court concludes that, although it is not necessary, for the purposes of registering a mark that was formerly devoid of distinctive character, that evidence of the acquisition by that mark of distinctive character through use be submitted in respect of …

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A-G CJEU: taste does not constitute a work

IP10134
Case law

 

Case C-310/17: Levola v Smilde. Opinion A-G Wathelet.

 

The court of appeal Arnhem-Leeuwarden (Dutch court) has referred two questions to the Court of Justice for preliminary ruling about the possibility to copyright the taste of a food product. A-G Wathelet considers that in view of the current state of the …

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Courtesy of Tobias Cohen Jehoram and Syb Terpstra,, De Brauw Blackstone Westbroek

The General Court was right to consider that EUIPO failed its obligation to state reasons by failing to refer to earlier judgements about PUMA's recognition

IPPT20180628, CJEU, EUIPO v Puma

Trade Mark Law - The General Court was right to consider that EUIPO’s bodies could not satisfy their obligation to state reasons: Puma had raised the argument that the reputation of the earlier marks had been recognised ‘in numerous Office decisions’, the fact remains that the Board of Appeal failed to cite …

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Adding additional label to parallel imported medical device does not constitute a trade mark infringement

IPPT20180517, CJEU, Junek v Lohman en Rauscher

Trade Mark Law - Trade mark proprietor cannot oppose parallel import of a medical device in authentic inside- and outside packaging which, by its content, function, size, presentation and placement, does not give rise to a risk to the guarantee of origin of the medical device bearing the mark. Conditions from …

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Representation of a design for which registration is sought requires to clearly identify that design

IEPT20180705, CJEU, Jägermeister v EUIPO

Design Law - Article 36(1)(c) of the Community Designs Regulation requires the representation of a design for which registration is sought to clearly identify that design

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Board of Appeal may take account of additional evidence of use which is submitted after the time period set by the Board

IPPT20180228, CJEU, mobile.de v EUIPO

Trade Mark LawGeneral Court has rightly found that the Board of Appeal is entitled to take account of additional evidence of use which is submitted after the time period set by the Board: addition to the evidence adduced within the time period set by EUIPO under Rule 40(6) of the Implementing Regulation which is …

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Apple and Samsung settle patent infringement lawsuit in United States

IP10133

CNN: "The two companies agreed to a settlement in the case, according to court documents filed Wednesday, but did not disclose the terms.

 

The settlement closes a dispute that started in 2011 when Apple accused Samsung (SSNLF) of "slavishly" copying the iPhone's design and software features. A jury awarded Apple …

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ECHR: Russia held to pay €12.500 in non-pecuniary damages for infringement of the right to freedom of expression of Russian journalist

IP10132
Case law

Publication - The European Court of Human Rights held that Russia violated Article 10 of the European Convention on Human Rights in the case brought before the Court by Russian journalist Boris Vladimirovisch Stomakhin.

 

Stomakhin was the editor, publisher and distributor of a monthly newsletter between 2000 en …

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SPC-holder authorised by Specific Mechanisms to oppose to parallel imports from new Member States where it was impossible to apply for an equivalent patent at the time of application

IPPT20180621, CJEU, Pfizer v Orifarm

Patent Law - SPCs - Holder of an SPC issued in another Member State than the new Member States is authorised by the Specific Mechanisms to oppose the parallel importation of a medicinal product where the legal systems of those States did not yet provide for such a possibility at the time when the application for a …

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European Parliament Committee on Legal Affairs approves uploadfilter

IP10131

Press release: “The committee approved its position in a tight vote by 14 votes to 9, with 2 abstentions, and adopted by the same majority a decision to enter into negotiations with the Council, the other arm of the legislator.

 

Creators and news publishers must adapt to the new world of  the internet as it …

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CJEU: Louboutin's red sole is a valid trade mark

IPPT20180612, CJEU, Louboutin v Van Haren

(Courtesy of Jesse Hofhuis, Hofhuis Alkema Groen and Thierry van Innis, Van Innis & DelarueTrade mark law  - Article 3 (1) (e) (iii) of Directive 2008/95 / EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be …

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Opinion AG CJEU on applicability of strict assessment criteria for distinctive character of signs that coincide with the appearance of the goods

IP10130
Pending Case law

Trade Mark LawCase C-26/17 P. Birkenstock v EUIPO. Appeal. Opinion AG Szpunar. Opinion on the partial refusal of the pictured figurative mark of Birkenstock. The opinion is limited to the first part of the appeal, discussing mostly the criteria for the application of the strict requirements that are used in the …

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