The IPKat
JANUARY 30, 2022
GuestKat Becky Knott commented on the decision of the 2nd Board of Appeal in case R 609/2021-2 [ Volkswagen Aktiengesellschaft v European Flipper / Pinball Factory GmbH ], which shows that it is possible to rely on 3D marks in the context of opposition proceedings.
Kluwer Copyright Blog
MARCH 4, 2022
But for anyone who had expected the Data Act to include a revision of the Database Directive — an ambition that the Commission had signalled in both the 2020 Data Strategy and the 2020 Intellectual Property Action Plan — the final proposal will be a major disappointment. A right that shall not be exercised.
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Kluwer Copyright Blog
AUGUST 18, 2021
For public sector bodies — producers and holders of vast quantities of data — as well as for the companies that act as suppliers, the sui generis database right has been slowly eroded since 2003. The implementation deadline for the revamped directive has just passed (17 July 2021). 1(6) Open data directive).
Kluwer Copyright Blog
AUGUST 16, 2021
Welcome to the second trimester of 2021 round up of EU copyright law! On 3 June 2021, the CJEU delivered its judgment in CV-Online Latvia. This case relates to the sui generis database right and its application to the activity of search engines. The deadline to implement the CDSM Directive passed on 7 June 2021.
Kluwer Copyright Blog
AUGUST 24, 2022
As previously reported , between October 2021 and January 2022 the UK Intellectual Property Office held a public consultation on the intersection between artificial intelligence (AI) and intellectual property laws (more specifically, copyright and patents). Articles 3 and 4 then contain two TDM-related mandatory exceptions.
Kluwer Copyright Blog
JANUARY 9, 2023
Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council by João Pedro Quintais. [T]he This post provides a refresher on the contents of Article 17, followed by a brief highlight of the main takeaways to kick-off the discussion. A vanishing right? Part II is available here.
Kluwer Copyright Blog
JULY 7, 2022
We started this rubric back in 2021. Polish challenge of Article 17 CDSM, C-401/19. On 26 April 2022, the CJEU finally derlivered its judgment, the main focus of which was the Polish challenge of Article 17 of the CDSM Directive. The CJEU upheld the provision, subject to its interpretation in light of fundamental rights.
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