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29 Apr 2015, 6:48 am
Last week the IPKat called for readers' submissions of new logos for the Office for Harmonisation in the Internal Market when it is rebranded as the European Union Intellectual Property Office. [read post]
29 Oct 2023, 10:18 am
At the same time, it can also be infringing, like any unoriginal reproduction.We are yet to see test cases on the European continent, quite possibly because the Court of Justice of the European Union’s recent jurisprudence has made the personal, creative expressive contribution the be-all and end-all of copyright: a requirement of originality and of the concept of work alike. [read post]
26 Dec 2022, 12:23 pm
2022 marked an important year for digital rights across the European Union as the landmark Digital Services Act (DSA) came into force on 16 November seeking to foster a safer and more competitive digital space. [read post]
16 Oct 2017, 2:48 am
The court added that any different interpretation would also result in an undue compression of one's own freedom to conduct a business, as per Article 16 of the Charter of Fundamental Rights of the European Union. [read post]
12 Jan 2016, 4:34 am
Besides the possibility to bring proceedings before the courts of the Member State of domicile/establishment of the defendant/claimant and where the European Union Intellectual Property Office (soon to replace use of ‘Office for Harmonization in the Internal Market’) has its seat, Article 97(5) EUTMR also allows for proceedings to be brought “in the courts of the Member State in which the act of infringement has been committed or threatened”. [read post]
General Court allows registration of CORNEREYE ... and an argument based on Brexit (briefly) appears
11 Apr 2020, 8:28 am
In light of the Court of Justice of the European Union's 3-week court hiatus, this Kat has decided to take a look back at some of the March cases that passed by, starting with case T-688/18, where the General Court (GC) not only overturned the decision of the EUIPO Board of Appeal (BoA), but also (albeit briefly) came face-to-face with an order request based on Brexit. [read post]
21 Sep 2022, 12:14 pm
However, the Board concluded that the relevant evidence was insufficient because the place of provision of the hotel and ancillary services was outside the relevant territory of the European Union, notwithstanding the fact that the applicant had targeted consumers in the European Union with advertisements and sales offers for these services.Standard Hotels decided to bring an action for annulment of the decision of the Board of Appeal before the General Court of… [read post]
7 Jul 2015, 11:22 am
Much of the blame for this can be laid on the European Union. [read post]
10 Feb 2017, 7:30 am
The breadth of U.S. government spying is a problem for companies that want to move their users’ data from the European Union to the United States. [read post]
1 Jun 2017, 8:55 am
Although I am only relying on the press release, I suspect that the defendants' argument might be also based on the language of Article 10(1) of the Berne Convention, which - especially in its French version - seems to suggest a mandatory quotation exception [see further here, pp 19 ff];What role the rights granted by the Charter of Fundamental Rights of the European Union plays: in particular, what is the relationship between… [read post]
22 Jun 2015, 12:39 am
Managing Intellectual Property magazine is running another survey on the current attitude of in-house patent attorneys to the emerging regime for unitary patents and a unified patent court for the European Union. [read post]
19 Oct 2022, 3:35 am
It concluded that the Board had not erred in ruling out proof of acquired distinctiveness insofar as Estonia, Lithuania, Latvia, Slovakia, Slovenia, or Bulgaria are concerned.Interestingly, the Court also rejected Vuitton’s argument that the analysis carried out by the Board would be “detached from reality, since it ignores the fact that, throughout the European Union, consumers engage in homogeneous behaviour as regards luxury brands, particularly because they travel… [read post]
5 Nov 2014, 10:34 am
In yesterday’s case, leave to appeal to the Court of Appeal was granted, particularly in relation to the issue of backdated holiday pay, although a reference to the Court of Justice of the European Union was refused. [read post]
12 Sep 2023, 11:51 pm
One of the Regulation’s main novelties is that the European Union Intellectual Property Office (EUIPO) will be responsible for the Union phase of the examination. [read post]
26 Mar 2015, 3:44 am
Did you think that following the decisions of the Court of Justice of the European Union (CJEU) in Svensson [Katposts here] and BestWater [here], the story with copyright and hyperlinks was over? [read post]
29 Apr 2013, 2:40 pm
Some view this as the beginning of the end of the European Union’s ten-year carbon cap-and-trade experiment. [read post]
15 May 2024, 2:15 am
The applicant appealed to the General Court of the European Union (GC). [read post]
19 Oct 2022, 7:39 pm
Anastasiia also wrote a post on pending case C-472/21 which will require the Court of Justice of the European Union to issue its first ruling on the concept of “normal use” in EU design law. [read post]
12 Jul 2023, 4:00 am
On 27 April 2023, the European Commission published a patent package, including a proposal for a regulation on SEPs and their enforcement in the European Union (see The IPKat here and here). [read post]
20 Mar 2013, 4:04 am
So it is handy timing that David Stone’s book European Union Design Law – A Practitioners’ Guide [OUP, 2012, ISBN 978-0-19-964517-6] hit our bookshops at the end of last year. [read post]
