EU tender copyright and new technologies


European Commission: "The European Commission has launched a call for tenders for a study on copyright and new technologies. The time limit for receipt of tenders is 03/04/2020 16:00 hours CET (study reference: SMART 2019/0038).


The aim of the study is to help European creative industries unleash the potential …


AI inventorship uncertainty because of EPO decision


Patent Strategy: "The EPO’s justification for refusing a patent application that had an artificial intelligence tool listed as the inventor does not provide enough clarity on the rules surrounding AI-generated inventions, according to in-house and private practice IP lawyers.




As one of the reasons …


The Copyright Directive must be interpreted as not precluding a rebuttable presumption that the performer has authorised the exploitation of his performances

IPPT20191114, CJEU, Spedidam v INA

Trade Mark Law - Geographical Indications - The Copyright Directive must be interpreted as not precluding national legislation which establishes, as regards the exploitation of audiovisual archives by a body set up for that purpose, a rebuttable presumption that the performer has authorised the fixation and …


Opinion A-G on copyright protection of a folding bicycle dictated by its technical function

Case law

Copyright Case C- 833/18: Brompton Bicycle v Chedech. Opinion A-G Campos Sánchez-Bordona.


Copyright. The referring court must determine whether a bicycle whose folding system was protected by a patent which has now expired can be classified as a work eligible for copyright protection. According to the …


Boswelan rightly declared revoked due to lack of genuine use as a trademark

IPPT20190703, CJEU, Viridis v EUIPO

Trade Mark Law - No genuine use of medicine during clinical trials in the case of a medicinal product which has not yet been granted a marketing authorisation, it is not even possible to advertise it in order to gain or maintain a market share, uses prior to imminent trading may be genuine use if they are external in …


CJEU about 'unauthorised use of variety constituents’ of Article 13(2)(a) Community Plant Variety Rights Regulation

IPPT20191219, CJEU, Variedades Vegetales Protegidas

Plant Variety Rights - Planting of a protected variety and harvesting of the thereof, which is not liable to be used as propagating material may not be regarded as an ‘act of production or reproduction (multiplication)’ of variety constituents within the meaning of Article 13(2)(a) Community Plant Variety Rights …


Google may refuse to accede to a request for de-referencing of personal data falling within the special categories only if it is strictly necessary for protecting the freedom of information of internet users

IPPT20190924, CJEU, GC v Google

Privacy - Prohibition of processing of personal data under Directive 95/46 applies to Google: subject to the exceptions provided for by the directive, Google has the obligation to comply with a request for de-referencing to web pages containing personal data. Google may refuse to accede to a request for …


V.O. strengthens its position in Belgium


From the press release: "Liège was incorporated into the office network of V.O. Patents & Trademarks today. V.O. now has two offices in Belgium - in Leuven and Liège - and eight offices in the Netherlands and Germany. Altogether, more than 60 specialists work in these ten offices, helping all kinds of …


CJEU on lack of clarity and precision of the terms used to designate the goods and services and bad faith

IPPT20200129, CJEU, Sky v SkyKick

Trade mark law - A Community trade mark or a national trade mark cannot be declared wholly or partially invalid on the ground that terms used to designate the goods and services in respect of which that trade mark was registered lack clarity and precision: the lack of clarity and precision of the terms used to …


HGF Brand protection beyond Brexit report


"Since the UK voted to leave the EU in 2016’s referendum, HGF has worked to ensure that Brexit will just mean ‘business as usual’ for its clients. However, ongoing negotiations and unresolved political debate on the future status of the UK in its relationship with the EU has created an environment of uncertainty …


Courts other than the Community design courts have jurisdiction in interim proceedings on Community designs

IPPT20191121, CJEU, Spin Master

Design law - Private International Law - Article 90(1) of the Community Designs Regulation provides that the courts of the Member States which have jurisdiction to order provisional or protective measures in respect of a national design shall also have jurisdiction to order such measures in respect of a Community …


WIPO has launched a public consultation process on artificial intelligence and intellectual property policy


WIPO press release: "The World Intellectual Property Organization (WIPO) today launched a public consultation process on artificial intelligence (AI) and intellectual property (IP) policy, inviting feedback on an issues paper designed to help define the most-pressing questions likely to face IP policy makers as …


The sale of second-hand e-books through a website constitutes a communication to the public

IPPT20191219, CJEU, NUV v Tom Kabinet

Copyright - The supply to the public by downloading, for permanent use, of an e-book is covered by the concept of ‘communication to the public’: from the explanatory memorandum of the Directive follows that the intention was that any communication to the public of a work, other than the distribution of physical …


Foodstuffs from occupied territories may not carry the predicate 'from Israel'

IPPT20191112, CJEU, Organisation juive européenne v ministre de l'Économic

Consumer Law - Foodstuffs originating in territories occupied by the State of Israel bear the indication of their territory of origin, accompanied, where those foodstuffs come from an Israeli settlement within that territory, by the indication of that provenance. It follows from Regulation No 1169/2011 (on the …


Terms "aceto" and "balsamico" in PGI Aceto Balsamico di Modena are not protected

IPPT20191204, CJEU, Aceto Balsamico di Modena

Protected designation of origin - geographical indications - The protection of the name ‘Aceto Balsamico di Modena’ does not extend to the use of the non-geographical terms of that name such as ‘aceto’ and ‘balsamico’ and ‘aceto’ and ‘balsamico’ are common terms.


CJEU: insufficient motivation concerns a procedural error that can lead to revocation of the decision of the Board of Appeal of EUIPO

IPPT20191031, CJEU, Repower v EUIPO

Trade Mark Law - Appellant has sufficient interest in appeal: annulment of the contested revocation decision would be in the appellant’s favour. Error in law of General Court to base the revocation decision on the general principle of law that permits the revocation of unlawful administrative acts instead of Article …


Preliminary reference in relation to the interpretation of i.a. article 14 Enforcement Directive

Case law

Case C-785/19: Koch Media GmbH v HC. Landgericht Saarbrücken - Germany.


Litigation. Preliminary reference on the interpretation of Article 14, 13 and 3 of the Enforcement Directive, Article 8 of the Copyright Directive and Article 7 of the Computer Program Directive. 


Preliminary questions:

"1. a) Is …


EUIPO Report about Online copyright infringement in the EU


From the executive summary: "The analysis is based on a rich set of data on access to pirated music, film and TV programmes in all 28 Member States, for the period January 2017 to September 2018. The data covers both fixed and mobile devices, as well as the main access methods: streaming, downloads, torrents and …


EUIPO Report about illegal IPTV in the EU


From the executive summary:

"Assessment has been carried out for the whole EU-28 market as well as for each Member State. Main findings suggest that:

- 3.6 % Europeans (13.7 million of the EU-28 population) stream unauthorised IPTV

- EUR 941.7 million Unlawful revenue generated by copyright infringing IPTV …


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

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(1)(a), 7(1) and 11 of Council Regulation (EC) No. 6/2002 of 12 December 2001.


Preliminary questions: