In the latest instalment of trade mark litigation between UK supermarket competitors Lidl and Tesco, the Court of Appeal has reversed a High Court decision that had struck out Tesco's counterclaim on bad faith grounds. The...more
Is Art. 17 DSM Directive compatible with EU fundamental rights? Today, the CJEU has given the answer, in one of the most awaited rulings of the year: yes – because of the safeguards of Art. 17 DSM Directive (C-401/19). The...more
China -
On 28 January 2020, CNIPA (China's National Intellectual Property Administration) published its Notice 350, which is applicable to both trademark and patent matters....more
3/30/2020
/ Administrative Hearings ,
Administrative Proceedings ,
Business Interruption ,
China ,
Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
Deadlines ,
EPO ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
Germany ,
Intellectual Property Protection ,
Italy ,
Japan ,
Spain ,
UK ,
USPTO ,
WIPO
This is, in essence, the fundamental question that has been submitted to the CJEU in the case C-310/17 (Levola Hengelo v. Smile Foods). ...more
Ever since the European Court of Justice (CJEU) in its highly regarded UsedSoft ruling declared the resale of “used” software admissible (dated 3 July 2012, C-128/11)...more
On 29 November 2017, the European Court of Justice (CJEU) handed down a decision on a video recording service that stores TV programmes online in a cloud (C-265/16 – VCAST). ...more
12/5/2017
/ Broadcasting ,
Cloud Storage ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Court of Justice of the European Union (CJEU) ,
Electronic Data Transmissions ,
EU ,
Intellectual Property Protection ,
Internet ,
Internet Service Providers (ISPs) ,
Websites
Swiftly following the CJEU decision in Filmspeler, in which the Court found that the selling of multimedia players with add-ons to illegal streaming websites amounted to copyright infringement, the CJEU has confirmed that an...more
6/30/2017
/ BitTorrent ,
Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Electronic Communications ,
File Sharing ,
Internet Service Providers (ISPs) ,
Metadata ,
Peer-to-Peer ,
Piracy ,
Pirate Bay ,
Search Engines ,
Telecommunications ,
Websites
There is no end in sight regarding CJEU decisions on the meaning of “communication to the public“. On 26 April 2017, the European Court of Justice (CJEU) ruled (C-527/15 – Filmspeler) that the sale of a multimedia player with...more
4/28/2017
/ Add-ons ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Digital Media ,
EU ,
Graphical User Interface ,
Internet ,
Internet Streaming ,
Netherlands ,
Technology Sector
On 8 September 2016, the European Court of Justice (CJEU) handed down judgment C-160/15 on the means of hyperlinking which caught quite some attention. It has become known as the GS Media decision. In essence, this CJEU...more
2/14/2017
/ Copyright ,
Copyright Infringement ,
Court of Justice of the European Union (CJEU) ,
Creative Commons License ,
Digital Media ,
EU ,
Germany ,
Hyperlink ,
Public Communications ,
Third-Party ,
Website Owner Liability ,
Websites
The cases that deal with the meaning of “communication to the public” continue: in a current reference for a preliminary ruling, the European Court of Justice (CJEU) will have to decide whether the operators of websites that...more
2/9/2017
/ Advocate General ,
BitTorrent ,
Copyright ,
Copyright Infringement ,
Court of Justice of the European Union (CJEU) ,
Electronic Communications ,
EU ,
File Sharing ,
Internet Service Providers (ISPs) ,
Metadata ,
Netherlands ,
Peer-to-Peer ,
Piracy ,
Pirate Bay ,
Search Engines ,
Websites