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CJEU Clarifies Copyright Protection for Software Variables

The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more

CJEU Ruling: Greater Copyright Protection for Design Works

The Court of Justice of the European Union ("CJEU") recently ruled that design works must be protected by copyright in the EU regardless of their country of origin. This decision rejects the application of the reciprocity...more

French Supreme Court Rules on Resale of Digital Video Games

The French Supreme Court (Cour de cassation) recently ruled that the principle of exhaustion of rights, which allows consumers to resell physical copies of video games without the consent of the publisher, does not apply to...more

UK Court of Appeal Diverges From EU Trademark Law

The UK Court of Appeal has for the first time chosen to diverge from a decision of the Court of Justice of the European Union ("CJEU"), making use of the powers given to it following the UK's exit from the European Union....more

Can EU Operators of Online Marketplaces be Held Liable for Trademark Infringement?

In Short - The Situation: The Court of Justice of the European Union ("CJEU") recently ruled that operators of online marketplaces may be held directly liable for trademark infringement in a context where third-party...more

EU Anti-Counterfeit Regulation Does Not per se Allow Repackaging of Parallel Imported or Parallel Traded Pharmaceuticals

In Short - The Situation: European Union ("EU") trademark law permits the repackaging of pharmaceuticals that are imported or traded in parallel from one Member State to another only in limited circumstances. In view of...more

Trademark Revocation Actions for Non-Use: Who Bears the Burden?

CJEU Decision  - In Maxxus Group GmbH v Globus Holding GmbH C‑183/21, the CJEU was asked whether German procedural rules were consistent with Article 19 of the Directive (EU) 2015/2436 on revocation of trademark rights for...more

CJEU Confirms that Louboutin's Red Outer Sole Can Be a Trademark

The Situation: The Court of Justice of the European Union ("CJEU") rendered its ruling in the Louboutin case (C-163/16) on June 12, 2018. The Result: The CJEU has confirmed that Christian Louboutin's red outer sole can be...more

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