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 …more
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."more
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 Broek, Christine...more
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 …more
Aldi allowed to use the name ‘Champagner Sorbet’ if their sorbet has a taste attributable primarily to champagne as one of its essential characteristics
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” …more
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 …more
Schweppes can not oppose import of Schweppes tonic from the UK, where the trade marks have been transferred to Coca-Cola
Trade mark law - The 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 …more
Case C-629/17. Request for a preliminary ruling. Supremo Tribunal de Justiça (Portugal).
Trade Mark Law. Unofficial...more
Case C-622/17 Baltic Media Alliance. Request for a preliminary ruling. Vilniaus apygardos administracinis teismas (Lithuania).
Unofficial translation and summary: "...more
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 …more
A-G CJEU: General Court was entitled to find that EUIPO had to examine evidence of national law ex officio
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, …more
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 …more
A supplier of luxury goods can prohibit authorised distributors from selling those goods on third-party internet platforms
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 …more
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 …more
AG Sharpston on discretion to consider evidence for Cancellation Division EUIPO when the Board of Appeal remits a case
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 …more
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 …more
Service providing possibility for private copies in the cloud is in violation of Copyright Directive
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 …more
“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 …more
Request for a preliminary ruling about exclusive distribution right with regard to goods stored in a warehouse
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 …more
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 …more