Intellectual Property Pulse

INTA Brief to CJEU Says Locally Significant Unregistered Trade Names Can Co-Exist with Later Registered National Trademarks

IP Watchdog

AUGUST 23, 2021

The International Trademark Association (INTA) last week submitted an amicus brief to the Court of Justice of the European Union (CJEU) providing its input on the topic of whether earlier unregistered rights of local significance, like trade names, can coexist with later registered national trademarks.

Trademark

Trademark Business Litigation Intellectual Property

Never too Late: If you missed the IPKat last week!

The IPKat

MARCH 9, 2023

Copyright Anastasiia Kyrylenko analysed a new referral to the CJEU concerning communication to the public in hotel rooms (case C-723/22). v EUIPO) issued by, the General Court on 15 February 2023. v EUIPO) issued by, the General Court on 15 February 2023.

Registration

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Tuesday Wonders

The IPKat

APRIL 26, 2022

A Kat preparing a full report of his naps Events OxFirst - "The Influence of Women in IP: Women and the Unified Patent Court" - 28 April 2022, online OxFirst will host an online event on 28 April 2022 from 4:00pm to 5:00pm CEST to discuss the role and influence women will have in the game-changing Unified Patent Court.

Intellectual Property

Intellectual Property Registration IP Branding

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

The IPKat

APRIL 13, 2022

The fate of one its key provisions – Article 17 – is still unknown due to the pending judgment of the Court of Justice of the European Union (‘CJEU’) in Poland v Council and Parliament , C-401/19. We look forward to seeing you in Stockholm in early June!

Intellectual Property

Intellectual Property Intellectual Property Law Related Rights Registration

Sunday Surprises

The IPKat

MAY 1, 2022

EVENTS 5-6 May 2022 - 14:00 (WEST) | CIDP – “ International Conference – The legal challenges of the fourth industrial revolution – The European Union’s digital strategy ” CIDP is organizing a conference on the future of digital transformation and the European Union's Digital Strategy. JIPLP Special DSM Issue".

Intellectual Property

Intellectual Property Editing Intellectual Property Law Registration

“Justice Best Served” – Data Subject Claims Stayed

LexBlog IP

FEBRUARY 7, 2023

In a recent significant judgment 1 from the Irish Circuit Court, the judge concluded that “ justice is best served ” by granting a stay of a data subject’s damages claim pending determination of certain preliminary references currently before the CJEU.

Technology

Technology Intellectual Property

Unconventional fashion trade marks: how easy is it to register them? [Spoiler: not so much]

The IPKat

JULY 9, 2022

This week I attended the IP Case Law Conference , organized by the European Union Intellectual Property Office in what was factually accurate and often referred to during the 2-day event as “sunny Alicante”. This year’s edition also celebrated the 25 years of the EUIPO Boards of Appeal.

Registration

Registration IP Designs Design

Never Too Late: If you missed the IPKat last week!

The IPKat

APRIL 20, 2022

A Kat in desperate need of a coffee GuestKat Gabriele Girardello shared with us the trends and topics covered at the “Pharma & Biotech Patent Litigation” conference in Amsterdam, which he attended on 14-16 March 2022. The holiday is over and this Kat hopes that all readers managed to renew their energies.

Intellectual Property

Intellectual Property Reporting Designs Design

Tuesday Wonders

The IPKat

OCTOBER 31, 2023

Photo: shutterstock.com Book launch: Copyright and the CJEU UCL’s Institute of Brand and Innovation Law (‘IBIL’) will host the launch of the new edition of PermaKat Eleonora Rosati’s book ‘ Copyright and Court of Justice of the European Union ’ published by Oxford University Press.

Intellectual Property

Intellectual Property Intellectual Property Law Journalism Registration

The European Audiovisual Observatory publishes the Mapping report on national remedies against online piracy of sports content

Kluwer Copyright Blog

DECEMBER 28, 2021

The European Audiovisual Observatory (“EAO”) has recently published the Mapping report on national remedies against online piracy of sports content (“Report”), conducted at the request of the European Commission. The Resolution of the European Parliament on protection of live sports events and Frosio, G. and Bulayenko, O.,

Reporting

Reporting Publishing Intellectual Property Intellectual Property Law

AG Szpunar advises CJEU not to extend direct liability for trade mark infringement to operators of online marketplaces

The IPKat

JUNE 3, 2022

These are the key issues on which the Court of Justice of the European Union (CJEU) has been requested to provide guidance. Preliminary remarks The AG began his Opinion noting how the topic of intermediary liability has always raised novel questions over time. Gigi was also awaiting her delivery.

Marketing

Marketing Marketing Advertising Advertising

[Guest post] How much is that SEP in the window? 5 Themes from the IPKat/LSE Nokia v Daimler seminar

The IPKat

JULY 5, 2021

We also still had a referral pending at the Court of Justice of the European Union (CJEU) in Nokia v Daimler. meaning no answers from the CJEU. We had not yet experienced the torrential rains of May or the Dominic Cummings revenge tour.

Licensing

Licensing Settlement IP Social Media

‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’?

SpicyIP

DECEMBER 15, 2023

In Europe, the Court of Justice of the European Union (CJEU) has affirmed multiple times, notably in its significant Infopaq ruling ( C-5/08 Infopaq International A/S v Danske Dagbaldes Forening ), that copyright is applicable exclusively to original creations. AI Generated ‘Work’ or Software Outcome?

Copyright

Copyright Artistic Work Copyright Law Music

WaterRower: Has the UK’s approach to ‘artistic works’ in copyright changed?

Kluwer Copyright Blog

OCTOBER 5, 2022

Even though it’s only an interim decision, it is interesting and well worth a read for any copyright lawyer because Deputy High Court Judge David Stone provides an in-depth analysis of the UK copyright position on artistic works. Instead, it concludes that it might be possible , but that the issue would need to go to trial to be determined.

Artistic Work

Artistic Work Copyright Copyright Law Designs

Swedish court applies C-762/19 CV-Online Latvia in parking app battle

The IPKat

FEBRUARY 4, 2022

The IPKat is delighted to host the guest post below, penned by Katfriend Hans Eriksson (Westerberg and Partners), on a recent Swedish decision which has applied the recent ruling of the Court of Justice of the European Union (CJEU) in C-762/19 CV-Online Latvia.

Cease and Desist

Cease and Desist Database Right Litigation Marketing

AG Szpunar’s Opinion in Grand Production: “Grande première” for the VPN legal saga in the context of geoblocked streaming

Kluwer Copyright Blog

FEBRUARY 28, 2023

In this context, Austria’s Supreme Court requested a preliminary ruling from the Court of Justice of the European Union (CJEU). The CJEU is also asked whether the two other companies owned by the platform could also be found liable for the communication to the public of the programs in Austria.

Copyright Infringement

Copyright Infringement Television Copyright Copyright Law

Does food flavouring constitute a “work”?

LexBlog IP

AUGUST 30, 2023

Introduction In this case before the Multi-member Court of First Instance of Thessaloniki, the plaintiff requested judicial protection of his recipes (i.e., However, the Multi-member Court of First Instance of Thessaloniki found this claim not to be valid. dishes and seasonings) as works of IP. (1)

Intellectual Property

Intellectual Property Moral Rights Related Rights Art

What does the CJEU judgment in C-401/19 mean for the national transpositions and applications of Art. 17?

The IPKat

SEPTEMBER 19, 2022

This year’s conference theme was neighbouring and special rights, but an extraordinary roundtable also found its way into to the programme to discuss the ever-unavoidable copyright topic: Article 17 of the DSM Directive [Katposts here ]. Nevertheless, such a restriction is justified in light of protecting copyright (para 84).

Art

Art Copyright Law Related Rights

[Guest post] Book review: ‘Developments and Directions in Intellectual Property Law: 20 Years of the IPKat’

The IPKat

AUGUST 6, 2023

As IPKat readers know, it was only a couple of months ago that The IPKat celebrated its first 20 years of activity. The book, titled Developments and Directions in Intellectual Property Law. The book, titled Developments and Directions in Intellectual Property Law. Twenty Years of The IPKat was published by Oxford University Press in spring 2023.

Intellectual Property Law

Intellectual Property Law Intellectual Property Law Copyright Law

The football game as a copyright work (Part I)

Kluwer Copyright Blog

JANUARY 31, 2022

The topic of the 2014 paper was provided by Bernt Hugenholtz. Given these concerns, Hugenholtz would have been relieved, no doubt, when the CJEU apparently declared that “sporting events cannot be regarded as intellectual creations classifiable as works” within the meaning of Directive 2001/29 on Copyright in the Information Society.

Copyright

Copyright Intellectual Property Social Media Law

Guest Book Review: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty

The IPKat

DECEMBER 21, 2021

This review of Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty by Tito Rendas, is brought to you by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. In April 2020 and February 2021 two substantial new contributions to this debate were published.

Copyright Law

Copyright Law Law Copyright Fair Use

The football game as a copyright work (Part II)

Kluwer Copyright Blog

FEBRUARY 1, 2022

The topic of the 2014 paper was provided by Bernt Hugenholtz. Part I of this post considered whether the ‘rules of the game’ or the CJEU’s Levola Hengolo requirement of ‘precise and objective ’ expression mean that football games are excluded from copyright. In case C-833/18, Brompton Bicycle , the Court noted that.

Copyright

Copyright Art Music Intellectual Property

Intellectual Property Pulse

INTA Brief to CJEU Says Locally Significant Unregistered Trade Names Can Co-Exist with Later Registered National Trademarks

Never too Late: If you missed the IPKat last week!

Trending Sources

Tuesday Wonders

Event announcement - The DSM Directive 3 years on: The Polish challenge to Article 17 and the national transposition maze

Sunday Surprises

“Justice Best Served” – Data Subject Claims Stayed

Unconventional fashion trade marks: how easy is it to register them? [Spoiler: not so much]

Never Too Late: If you missed the IPKat last week!

Tuesday Wonders

The European Audiovisual Observatory publishes the Mapping report on national remedies against online piracy of sports content

AG Szpunar advises CJEU not to extend direct liability for trade mark infringement to operators of online marketplaces

[Guest post] How much is that SEP in the window? 5 Themes from the IPKat/LSE Nokia v Daimler seminar

‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’?

WaterRower: Has the UK’s approach to ‘artistic works’ in copyright changed?

Swedish court applies C-762/19 CV-Online Latvia in parking app battle

AG Szpunar’s Opinion in Grand Production: “Grande première” for the VPN legal saga in the context of geoblocked streaming

Does food flavouring constitute a “work”?

What does the CJEU judgment in C-401/19 mean for the national transpositions and applications of Art. 17?

[Guest post] Book review: ‘Developments and Directions in Intellectual Property Law: 20 Years of the IPKat’

The football game as a copyright work (Part I)

Top 10 Posts on the Kluwer Copyright Blog in 2023

Guest Book Review: Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty

The football game as a copyright work (Part II)

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