Trademark law - Case T-316/21 Worldwide Machinery v EUIPO. In May 2013, the following figurative mark of Scaip Srl was registered.

Community court of Member State where (threatened) infringement takes place by offering for sale and delivery in advertising (not cross-border) competent (Article 82(5) CD-Regulation): such acts may be the subject of an action for infringement which targets, in accordance with Article 82(5) of Regulation No 6/2002, a...

Impossibility for the proprietor of a trade mark to prevent a third party from using, in the course of trade, an earlier right applying in a particular locality – Requirements – Concept of ‘earlier right’ – Trade name – Proprietor of a later trade mark with an even earlier right.

By its action, Poland, asks to annul the obligations imposed on online content-sharing service providers. The prior automatic review (filtering) of content uploaded by users) has been accompanied by appropriate safeguards by the EU legislature.

IP Rights in Rem - Property Law The concept of 'sales of goods' referred to in Article 1(2) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents must be interpreted as meaning that it may refer to the electronic delivery of...

Copyright - The lawful purchaser is entitled to decompile all or part of the computer program to correct errors in accordance with article 5 section 1 directive 91/250 (Software Directive), including when the correction consists in disabling a function that is affecting the proper operation of the application of which...

Genuine use. Breadth of categories of goods or services for which the earlier mark was registered is a key element of the balance between, on the one hand, the maintenance and preservation of the exclusive rights conferred on the proprietor of the earlier mark and, on the other hand, the limitation of those rights in...

The three-year period of prescription of Article 96 of Regulation No 2100/94 in respect of claims pursuant to Articles 94 and 95 of Regulation No 2100/94 starts to run from the date on which, first, the plant variety right was finally granted and, second, the holder of the right had knowledge of the act and of the...

Patent Law - Article 3(d) of Regulation No 469/2009 must be interpreted as meaning that an MA cannot be considered to be the first MA, for the purpose of that provision, where it covers a new therapeutic application of an active ingredient, or of a combination of active ingredients, and that active ingredient or...

Case C‑401/19. Republic of Poland v European Parliament, Council of the European Union. Opinion of A-G Saugmandsgaard Øe.

The Republic of Poland asks the Court, principally, to annul Article 17(4)(b) and (c) of the DSM Directive and, in the alternative, to annul Article 17 in its entirety. To this end, the...

Copyright - At the current state of EU law the operator of a video-sharing platform or a file-hosting and ‑sharing platform, on which users can illegally make protected content available to the public, does not make a ‘communication to the public’ of that content: users perform ‘act of communication’ now that they act...

Trade Mark Law - From the press release: "The General Court annuls the decision of EUIPO which dismissed Guerlain’s initial application. [...]

First, the General Court recalls that the assessment of whether it has distinctive character is not based on the originality or the lack of use of the mark applied for...

Reuters: "France's antitrust watchdog slapped a 500 million euro ($593 million) fine on Alphabet's Google (GOOGL.O) on Tuesday for failing to comply with the regulator's orders on how to conduct talks with the country's news publishers in a row over copyright.

[...]

The case itself focused on whether Google...

Trade Mark Law - From the press release: "Ardagh Metal Beverage Holdings GmbH & Co. KG filed an application for registration of a sound sign as an EU trade mark with the European Union Intellectual Property Office (EUIPO). That sign, submitted as an audio file, recalls the sound made by a drinks can being opened...

Copyright -  Uploading previously downloaded media file containing a protected work by a user to the terminal equipment of another user constitutes making available to the public: users peer-to-peer network have knowledge of granting access to protected works to an indeterminate number of potential recipients. Holders...

Database Rights - Indexing and copying to your own server of substantial content of a database which is freely accessible on the internet is extraction and re-utilisation within the meaning of Article 7 Database Directive, which may be prohibited provided that they have the effect of depriving that person of income...

Related Rights - The concept of 'relevant performers' in Article 8(2) of Directive 2006/115 on rental right and lending right and on certain rights related to copyright in the field of intellectual property is to be interpreted in a uniform manner throughout the Union and precludes a Member State from excluding artists...

This consultation aims at gathering stakeholder evidence and views to support the review of the Community Design Regulation and the Design Directive. The review follows from an exhaustive evaluation of the EU legislation on design protection, which was supported by a comprehensive public consultation and two major...

The consultation aims at capturing the views of all relevant stakeholders. They will have the possibility to express their views on the problems related to the existing legal protection of authentic geographically-rooted non-agricultural products within the internal market; on the benefits and risk of EU action; on the...

Trade Mark Law - Judgment in Case T-44/20 Chanel SAS v EUIPO.