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The IPKat
JANUARY 5, 2023
Zorro in the Brio Blu ad Last week, the Italian Supreme Court issued an important – if not truly seminal – judgment on the interplay between IP and freedom of expression ( decision 38165/2022, CO.GE.DI. Further to a victory for Zorro Productions at first instance, the Court of Appeal of Rome sided with CO.GE.DI.,
Kluwer Copyright Blog
JANUARY 4, 2024
The end of the year was busy for both the courts and the policy makers. This round up series includes Court of Justice (CJEU) and General Court judgments, Advocate Generals’ (AG) opinions, and important policy developments. With Bulgaria implementing the directive towards the end of 2023, Poland is the last Member State missing.
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SpicyIP
JANUARY 20, 2024
While the question made sense ever since I read the post, it started making more sense (and bothering me more) after working on the SpicyIP Open IP Syllabus where I witnessed a relative “over-accessibility” of US-European IPR scholarship. I began to wonder – are there actually fewer IP scholars in India (or the Global South in general)?
The IPKat
OCTOBER 9, 2023
Not too long ago, the German Supreme Court held in Kühlergrill (I ZR 61/18, discussed here ) that the sale of the following radiator grille for an Audi A6 infringed Audi’s rights to its figurative trade mark consisting of four interlocking rings. The Supreme Court found that the shape of the mounting device created a likelihood of confusion.
The IPKat
JULY 25, 2021
Copyright PermaKat Eleonora Rosati reported on the publication of AG Øe's Opinion, advising the CJEU to rule that Article 17 is compatible with the EU Charter of Fundamental Rights and should not be annulled, pursuant to Poland's complaint in C-401/19.
Kluwer Copyright Blog
JANUARY 9, 2023
Goldsmith: The Supreme Court Revisits Transformative Fair Uses by Pamela Samuelson. Supreme Court ruled that Campbell’s creation of a rap parody version of a popular Roy Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message.
The IPKat
NOVEMBER 26, 2022
This is a fundamental question when it comes to ensuring the effective protection of rights, including but not limited to IP rights, on the internet. It is also a question without an easy answer, given the conflicting rights and interests that come into consideration and require to be fairly balanced.
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