Term 'addresses' in Article 8(2)(a) of Direrctive 2004/48 refers solely to a postal address

IPPT20200709, CJEU, Constantin Film v Youtube

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 …

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A natural person who has imported ball bearings weighing 710 kg in exchange for cognac and cigarettes, has used the trade mark affixed to the ball bearings in the course of trade

IPPT20200430, CJEU, A

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 …

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AG: Youtube is not directly liable for the illegal uploading of protected works by users

IP10259
Pending Case law

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 …

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Court of Justice EU invalidates Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield

IPPT20200716, CJEU, Data Protection Commissioner v Facebook Ireland

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.”

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Eplit appoints Leythem Wall as new president

IP10258

“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 …

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Amazon is not infringing Coty trade marks by storing infringing perfumes on behalf of a third party

IPPT20200402, CJEU, Coty v Amazon

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 …

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The hiring out of motor vehicles equipped with radio receivers does not constitute a communication to the public

IPPT20200402, CJEU, Stim and SAMI

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, …

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Caroline Pigott joins HGF Edinburgh team

IP10257

"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 …

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HGF announces 2 new Partners

IP10256

"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 …

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General Court did not err in law in finding that an economic link existed between Gugler France and Gugler GmbH (which precluded a likelihood of confusion)

IPPT20200423, CJEU, Gugler France v Gugler

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 …

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Preliminary questions: can a trade mark proprietor oppose the further commercialization of trade mark products repaired by a non-licensed person on the basis of a collective trade mark and arcitle 13(2) CTMR?

IP10255
Case law

 

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 …

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Preliminary questions: Can unregistered Community designs in individual parts of a product arise as a result of disclosure of an overall image of a product?

IP10254
Case law

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

 

Design LawGov.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 …

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A-G CJEU: e-mail addresses, telephone numbers and IP addresses are not covered by the concept of “names and addresses” as set out in article 8(2)(a) of the Enforcement Directive

IP10253
Case law

LitigationCase 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 …

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CJEU clarifies criteria governing whether settlement agreements between holder of a pharmaceutical patent and generic manufacturers are contrary to EU competition law

IPPT20200130, CJEU, Generics v Competition and Markets Authority

Competition lawArticle 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 …

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US Supreme Court: States cannot be sued for copyright infringement

IP10252

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 …

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Israel has allowed use of generic version of patent-protected drug in Israel to treat COVID-19

IP10251

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 …

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Bundesverfassungsgericht: Act of Approval to the Agreement on a Unified Patent Court is void

IP10250
Case law

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 …

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IPKat: "German constitutional court upholds complaint against UPC Agreement and implementing act"

IP10249
Case law

Léon Dijkman, IPKat: "This morning, the German constitutional court issued a 86-page decision in which it upholds the constitutional complaint against the German ratification of the Agreement on a Unified Patent Court [decision here]. According to the Court, the German act by which it was to accede to the UPC …

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Nick Manley joins HGF as a Partner

IP10248

Press release: "HGF are pleased to announce further expansion with the arrival of Nick Manley who joins the HGF Manchester office as a Partner on March 17th, 2020.

 

Nick advises clients of all types, including start-up companies, universities, SMEs and large multinational organisations. Nick has particular …

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The General Court was not entitled to reject an opposition brought under Article 8(5) of the Union Trade Mark Regulation on the ground that there was no evidence of a reduction in the 'attractiveness' of the earlier marks

IPPT20200304, CJEU, Burlington v Burlington Arcade

Trade Mark Law - The General Court erred in law by rejecting an opposition brought under Article 8(5) of the Union Trade Mark Regulation on the ground that there was no evidence of a reduction in the 'attractiveness' of the earlier marks: the article ensures protection for (i) detriment to the distinctive character …

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