Preliminary questions on the extent of the necessary disclosure prior to the registration of an Unregistered Community Design and the determination of the date for assessing the novelty of a design

IP10235
Case law

Case C-728/19: Beverly Hills Teddy Bear v PMS International Group PLC. High Court of Justice (Chancery Division) - United Kingdom.

 

Design Law. Preliminary reference on the interpretation of Articles 5(l)(a), 7(1) and 11 of Council Regulation (EC) No. 6/2002 of 12 December 2001.

 

Preliminary questions:

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The use of an individual trade mark as a geographical designation of origin is not genuine use

IPPT20191017, CJEU, Landwirtschaftskammer Steiermark v EUIPO

Trade Mark Law - No use corresponding to essential function of a individual trade mark when the trade mark is used in such a way as to guarantee the geographical origin and characteristics of the goods belonging to different manufacturers which are attributable to the origin, but the goods are not manufactured under …

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Google is not required to carry out worldwide de-referencing of its search engine when "the right to be forgotten" is exercised

IPPT20190924, CJEU, Google v CNIL

Privacy - Google is not required to carry out worldwide de-referencing on all versions of its search engine – by a request or order for de-referencing: in a globalised world may access outside the Union likely have effects within the Union itself, numerous third States do not recognize the right to de-referencing, …

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A-G Saugmandsgaard Øe: in the period between publication of the application for a plant variety right and its grant, the breeder is free to grow and to harvest and sell the products

IP10234
Case law

The referring court asks, in essence, whether, when a farmer, in the period between the publication of the application for a plant variety right and the grant of that right, has purchased saplings of a protected variety from a breeder, the planting of those trees and the subsequent harvesting and selling of the fruits …

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Preliminary questions on whether a court is to be regarded as falling within the scope of the term ‘public’

IP10233
Pending Case law

Case C-637/19. BY. Preliminary questions Svea Hovrätt – Sweden.

 

Copyright - Preliminary questions. "1. Does the term ‘public’ in Articles 3(1) and 4(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related …

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General Court confirms the cancellation of Rubik’s Cube’s three-dimensional EU trade mark

IP10232
Case law

Curia press release: “[…] As regards the analysis of the functionality of the essential characteristics of the mark at issue, the General Court considers, like EUIPO, that the essential characteristic consisting of the black lines which intersect, horizontally and vertically, on each of the faces of the cube, …

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A-G CJEU: trade mark may not be declared invalid on the sole ground that the specification of goods and services lack sufficient clarity and precision

IP10231
Case law

Case C-371-18 Sky v Skykick. Opinion A-G Tanchev.

 

Trade Mark Law -  Sky is the registered proprietor of a number of EU trade marks “SKY”, among which two figurative marks. Sky contends that Skykick have infringed these EU trade marks. SkyKick denies infringement and issued a counterclaim for a declaration …

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CJEU about the concept of “appropriate compensation” in the Enforcement Directive after unjustified interim measures

IPPT20190912, CJEU, Bayer v Richter Gedeon

Litigation - Concept of “appropriate compensation” must be given an independent and uniform interpretation: when the terms of a provision of EU law  makes no express reference to the law of the Member States its meaning and scope must normally be given an independent and uniform interpretation throughout the …

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Design-law repair clause does not provide for a deviation from provisions of the Trademark Directive and the Community Trademark Regulation

IPPT20151006, CJEU, Ford v Wheeltrims

Trade Mark Law - A manufacturer of replacement parts and accessories for motor vehicles that affixes a sign identical to a trade mark registered for to its products without permission can not invoke the repair clause pursuant to article 14 Designs Directive and article 110 Community Designs Regulation: mentioned …

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CJEU on examination of distinctive character of a mark applied for, which has not yet been used

IPPT20190912, CJEU, Darferdas

Trade Mark Law - In examining the distinctive character of a sign in respect of which registration as a trade mark is sought, all the relevant facts and circumstances must be taken into account, including all the likely types of use of the mark applied for. In the absence of other indications to the types of use, the …

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CJEU about bad faith

IPPT20190912, CJEU, Koton v EUIPO

Trade Mark Law - Bad faith (article 52(1) under b) CTMR (former)): when one has the intention of undermining, in a manner inconsistent with honest practices, the interests of third parties, or with the intention of obtaining an exclusive right for purposes other than those falling within the functions of a trade mark, …

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A-G CJEU on which procedure is applicable to non-compliance with the terms of a software licence

IP10228
Case law

CopyrightCase C-666/18: IT Development v Free Mobile. Conclusie A-G Sánchez-Bordona.

 

Copyright. The French cour d’appel de Paris asks whether a software licensee’s non-compliance with the terms of a software licence constitutes an infringement (for the purposes of Directive 2004/48 of 29 April 2004) or …

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BOIP and Darts-ip delevop tool to improve searching figurative trademarks

IP10226

BOIP press release: "BOIP drastically improves searching figurative trademarks in its trademark register through a collaboration with Darts-ip. This innovative tool uses artificial intelligence to enable anyone to simply upload an image and search the entire register for identical or similar trademarks. It will be …

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Eindhoven will host the DesignEuropa Awards on 20 October 2020

IP10225

EUIPO: "The next edition of DesignEuropa Awards will be held in Eindhoven on 20 October 2020.

Organised by the European Union Intellectual Property Office, the DesignEuropa Awards have become a fixture on the international industrial design calendar.

Now in their third edition, the DesignEuropa Awards honour …

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Preliminary questions about whether downloading and simultaneously uploading a torrent is a communication to the public

IP10224
Case law

Copyright - Case C-597/19: M.I.C.M. v BVBA Telenet. Preliminary questions Ondernemingsrechtbank Antwerpen – Belgium.

 

Preliminary questions:

 

“1(a) Can the downloading of a file via a peer-to-peer network and the simultaneous provision for uploading of parts (‘pieces’) thereof (which may be very …

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EPO-EUIPO study: Intellectual property rights strongly benefit the European economy

IP10223

EUIPO press release: "Intellectual property rights strongly benefit the European economy, EPO-EUIPO study finds [...] 

 

Industries that make intensive use of intellectual property rights (IPRs) such as patents, trademarks, industrial designs and copyright generate 45% of GDP (EUR 6.6 trillion) in the EU annually …

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The liability and obligations of intermediary service providers in the European Union

IP10222

IPR Enforcement Case-Law Collection - The liability and obligations of intermediary service providers in the European Union - Augustus 2019

 

"[...] This case-law collection provides an overview of the latest developments in this fast evolving area and of the main conclusions of selected cases including decisions …

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No copyright protection for designs that merely produce an aesthetic effect

IPPT20190912, CJEU, Cofemel v G-Star Raw

Copyright - Design law - Copyright protection may not be granted to designs on the sole ground that, over and above their practical purpose, they produce a specific aesthetic effect: designs must constitute the expression of original works if they are to qualify for such protection.

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National provision prohibiting Google from using press snippets is not applicable without prior notification to the Commission

IPPT20190912, CJEU, VG Media v Google

Copyright - A German provision prohibiting internet search engines from using newspaper or magazine snippets without the publisher’s authorisation must be disregarded in the absence of its prior notification to the Commission: that provision constitutes a rule on information society services and, therefore, a …

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The Ohio State University's trademark registration of 'the' refused

IP10221

NBC News: "Federal regulators on Wednesday rejected Ohio State University in its bid to trademark "the" in front of OSU's name, saying such protection just isn't necessary.

 

The school in Columbus has aggressively marketed itself with the three-letter word, with Buckeyes sports organizations insisting on being …

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