Kodak announces blockchain-powered photo rights management platform and cryptocurrency

IP10092
Nieuws

The Verge: “KodakCoins will work as tokens inside the new blockchain-powered KodakOne rights management platform. The platform will supposedly create a digital ledger of rights ownership that photographers can use to register and license new and old work. Both the platform and cryptocurrency are supposed to …

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Radiohead refutes that they have filed a plagiarism lawsuit against Lana Del Rey

IP10091
Nieuws

The Guardian: “Radiohead have refuted Lana Del Rey’s claim that they have filed a lawsuit against her that demands publishing rights to her song Get Free, thanks to its similarity to their song Creep."

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New Board at Hoyng Rokh Monegier

IP10090
Personalia

From the press release: "Benoît Strowel, a member of Hoyng Monegier’s and HOYNG ROKH MONEGIER’s executive committee since 2011, will succeed Willem Hoyng as managing partner. The other members of the executive committee are Bart van den BroekChristine...

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CJEU about incorrect date of first marketing authorisation for an SPC

IPPT20171220, CJEU, Incyte v Szellemi Tuljdon Nemzeti Hivatala

Patent law - SPC. Date of the first MA, as stated in an application for the SPC, on the basis of which the duration of the certificate is calculated, is incorrect when the incorrect date led to a method for calculating the durating of the certificate which does not comply with the requirements of Article 13(1) of SPC …

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Aldi allowed to use the name ‘Champagner Sorbet’ if their sorbet has a taste attributable primarily to champagne as one of its essential characteristics

IPPT20171220, CJEU, Champagner Sorbet

Protected Designation of Origin - The use of a Protected designation of origin (PDO) as part of the name under which is sold a foodstuff that does not correspond to the product specifications for that PDO but contains an ingredient which does correspond to those specifications – like “Champagner Sorbet” …

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Repair clause is not limited to components of a complex product whose appearance is decisive

IPPT20171220, CJEU, Acacia v Audi and Porsche

Design law - Scope of repair clause in article 110(1) Community Design Regulation is not limited to component parts forming part of a complex product upon whose appearance the protected design is dependent. Repair clause applies only to component parts of a complex product that are visually identical to original …

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Schweppes can not oppose import of Schweppes tonic from the UK, where the trade marks have been transferred to Coca-Cola

IPPT20171220, CJEU, Schweppes v Red Paralela

Trade mark lawThe proprietor of a national trade mark from cannot oppose to the import of identical goods bearing the same mark originating in another Member State in which that mark, which initially belonged to that proprietor, is now owned by a third party which has acquired the rights thereto by assignment has …

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Request for a preliminary ruling regarding the term 'adega' in relation to wine products

IP10088
Pending Case law

Case C-629/17. Request for a preliminary ruling. Supremo Tribunal de Justiça (Portugal).

 

Trade Mark Law. Unofficial...

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Request for a preliminary ruling regarding Article 3 (1) (2) Audiovisual Media Services Directive

IP10087
Pending Case law

Case C-622/17 Baltic Media Alliance. Request for a preliminary ruling. Vilniaus apygardos administracinis teismas (Lithuania).

 

Unofficial translation and summary: "...

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Communication from the commission on setting out the EU approach to standard essential patents

IP10086
Nieuws

From the press release "The interplay between patents and standards is important for innovation and growth. Standards ensure that interoperable and safe technologies are widely disseminated among companies and consumers. Patents provide R&D with incentives and enable innovative companies to receive an adequate …

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A-G CJEU: General Court was entitled to find that EUIPO had to examine evidence of national law ex officio

IP10085
Case law

Trade mark law - Case C-478/16 P. EUIPO v Group OOD. Opinion AG Campos Sánchez-Bordana. Appeal against the decision of the EU General Court of 29 June 2016. Group OOD opposed the application for an EU trade mark (see left) on the basis of a corresponding non-registered trade mark with only national significance, …

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It is not possible to obtain a SPC based on an end-of-procedure message

IPPT20171207, CJEU, Merck Sharp & Dohme

Patent law - Article 3 (b) of the SPC Regulation is to be interpreted as meaning that an end-of-procedure notice drawn up before the expiry of the basic patent can not be equated with an marketing authorisation and, on the basis of an end of procedure message, no SPC can be obtained. The fact that no marketing …

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A supplier of luxury goods can prohibit authorised distributors from selling those goods on third-party internet platforms

IPPT20171206, CJEU, Coty v Parfumerie Akzente

Competition - A selective distribution system for luxury goods designed, primarily, to preserve the luxury image of those goods complies with article 101(1) TFEU to the extent that resellers are chosen on the basis of objective criteria of a qualitative nature that are laid down uniformly for all potential resellers …

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EU reaches agreement to end unjustified geoblocking 

IP10083
Nieuws

From the press release: “The European Parliament, the Council and the Commission have delivered on commitments made during September's Digital Summit in Tallinn by ending unjustified geoblocking, one of the EU priority files for 2017.

 

The European Parliament, the Council and the Commission reached a political …

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AG Sharpston on discretion to consider evidence for Cancellation Division EUIPO when the Board of Appeal remits a case

IP10082
Case law

Trade Mark Law - Case C-418/16: mobile.de v EUIPO. Opinion AG Sharpston. In this appeal, mobile.de challenges the judgment of the General Court of 12 May 2016 in which mobile.de contested two decisions of the First Board of Appeal of the EUIPO. The General Court rejected mobile.de's case in its entirety. Mobile.de …

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European Commission presents measures to ensure protection IP rights

IP10081
Nieuws

From the press release: "The Commission today presents measures to ensure that intellectual property rights are well protected, thereby encouraging European companies, in particular SMEs and start-ups, to invest in innovation and creativity.

Today's initiatives will make it easier to act efficiently against breaches …

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Service providing possibility for private copies in the cloud is in violation of Copyright Directive

IPPT20171129, CJEU, VCAST v RTI

Copyright - National legislation which permits, without the copyright holders’ consent, an online recording service for television programmes which are freely accessible in the territory of the Member State, where it is the provider of the service, and not its users, that receives and records the broadcasting …

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Tommy Hilfiger is looking for a Legal Director IP

IP10080
Advertisements

“Are you looking to join a dynamic team that is involved in all aspects of our business?

We are currently looking for a Legal Director-IP to head the IP and Brand Protection function within our team. The Legal Director-IP reports to the VP Legal Affairs who is end-responsible for all legal aspects of our business …

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Request for a preliminary ruling about exclusive distribution right with regard to goods stored in a warehouse

IP10079
Case law

Copyright Law -“Defendant owned a shop in Stockholm, where he sold clothing and accessorises with rock music designs. The sale of different (acquired by piracy) goods resulted in trademark and copyright infringement of several plaintiffs rights. The goods were discovered both in the shop as in a warehouse …

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Request for a preliminary ruling regarding conditions for the application of a colour mark

IP10078
Case law

Trade Mark Law - “Applicant (Oy Hartwall Ab) has submitted an application to the defendant (a national patent- and registration office) for a sign as a colour mark for goods of class 32: mineral waters. In response to a provisional decision, applicant has explained that she request registration of the filed …

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