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16 Sep 2014, 1:46 am
While the data retention proposals are based at least in part on similar measures in the European Union, Australians do not enjoy the protection of a similar concept of proportionality in our legal system. [read post]
30 Sep 2023, 8:04 am
In a recent decision (R 275/2023-4), which is particularly meaningful to anyone wondering about trade mark protection in virtual worlds, the Fourth Board of Appeal (the Board) of the European Union Intellectual Property Office (EUIPO) found that the figurative representation of a virtual firearm lacked the requisite distinctive character to be a registered as a trade mark.BackgroundColt CZ Group SE (Colt) is a Czech holding company which in 2021 acquired Colt's Manufacturing… [read post]
7 Apr 2015, 9:29 am
It's a constant battle, but one with some clear victories, most notably in the European Union, and most recently in Paraguay. [read post]
27 Apr 2015, 10:00 pm
ChestertonA couple of weeks ago the Spanish Supreme Court gave a judgment which synthesised the construction of the Berne Convention and the Spanish IP Law regarding the scope and duration of authors' rights in the European Union. [read post]
22 May 2014, 6:01 am
Is the concept of 'parody' an independent concept in European Union law? [read post]
23 Feb 2024, 1:30 pm
Such a strategy contravened the legitimate objectives resulting from the European Union's trade mark protection system. [read post]
11 Feb 2025, 12:43 am
Last year, this Kat reported on a referral from the French Cassation Court to the Court of Justice of the European Union (CJEU) regarding the interplay between trade mark functionality and bad faith (C-17/24). [read post]
21 Oct 2013, 3:22 am
This issue has gone all the way up to the Court of Justice of the European Union and then back down again, with every appearance of it being a problem that is not so much solved as redefined as it shifts from one legal or commercial context to another. [read post]
5 May 2015, 8:09 am
The relevant paragraph in Article 118 reads:In the context of the establishment and functioning of the internal market, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish measures for the creation of European intellectual property rights to provide uniform protection of intellectual property rights throughout the Union and for the setting up of centralised Union-wide authorisation, coordination… [read post]
2 Feb 2021, 7:00 am
In September 2018, the General Court considered that the Applicant’s mark had weak distinctive character and there was no likelihood of confusion between the two marks.The Applicant filed yet another appeal to the Court of Justice of the European Union (CJEU). [read post]
4 Feb 2013, 2:53 pm
Suffice it to say here (I may go into more detail after the upcoming March 21 decision) that the Dusseldorf court interprets the European Commission's announcement of a Statement of Objections against Samsung as suggesting that the European Union's top antitrust enforcer seeks to rule out injunctive relief in scenarios in which it would be available under the German Orange-Book-Standard framework, and this may result in a formal question to the European… [read post]
13 Feb 2014, 7:58 am
The Court of Justice of the European Union (CJEU) has today given judgment in Case C-479/12, H. [read post]
17 May 2016, 4:28 am
The decision addresses a number of issues relating to the registrability of descriptive terms in English as European Union Trade Marks and the permissible scope of counterclaims for invalidity and revocation for non-use. [read post]
31 Jul 2015, 10:29 am
These instruments institute the ‘European patent with unitary effect’, the first unified system for the protection of inventions within the European Union. [read post]
19 Nov 2024, 12:11 am
The adoption of the two acts went rather smoothly, so most of the text still resembles the original Commission’s proposal.Key elements of the reformThe namingFirst, the “Community design” from Regulation (EC) 6/2002 (that is, pre-Treaty of Lisbon) has finally become “European Union design”. [read post]
16 Sep 2024, 6:30 am
The process of exiting the European Union has undermined the Sewel Convention dramatically. [read post]
27 Feb 2014, 3:30 am
Must Article 56 et seq. and Article 102 of the Treaty on the Functioning of the European Union (or as the case may be Article 16 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market ) be interpreted as precluding the application of rules of national law which reserve the exercise of collective management of copyright in the territory of the State to only a single (monopoly) copyright collecting… [read post]
18 Dec 2016, 10:00 pm
The European Union wouldn't know how to produce diddly-squat. [read post]
8 Dec 2016, 1:35 pm
However, if a contracting party to the UPCA ceases to be a Member of the European Union, the court is not common to EU MS - it will include a non-EU MS interloper, the UK. [read post]
3 Jun 2016, 3:00 am
The court referred to a number of decisions of the Court of Justice of the European Union (CJEU). [read post]
