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CJEU RULING IN COTY – GREATER ONLINE PROTECTION FOR LUXURY GOODS SUPPLIERS
In its hotly anticipated ruling in the Coty case, the Court of Justice of the EU (CJEU) has held that, in the context of a selective distribution …
CJEU RULES THAT A CLOUD BASED SERVICE FOR REMOTE RECORDING IS A COMMUNICATION TO THE PUBLIC AND SO MUST OBTAIN THE RIGHTS HOLDERS' CONSENT
This is a further case which reinforces the importance and strength to rights holders of the right to communicate a copyright work to the public provided …
PATENT AND PHARMA UPDATE - November 2017
Key recent developments in the United Kingdom and Europe relating to the patents and pharmaceutical sector. One of the most significant developments in …
November UPC Update
In June we gave an update on the progress of the UPC, including the announcement by the UPC Preparatory Committee that the 1 December 2017 …
EU Trade Mark reforms come into force – motion, hologram and multimedia marks can now be registered
A number of EU trade mark reforms came into force on 1 October 2017. The key changes are: The graphical representation requirement has been …
"PORT CHARLOTTE" Whisky does not infringe the EU protected designation of origin (PDO) "PORTO" or "PORT" – Consideration needed urgently for protection of PDOs and GIs, UK and EU-wide, post-Brexit
The CJEU has confirmed that "Port Charlotte", registered as an EU trade mark for whisky, does not evoke (infringe) the protected designation of origin …
Exhaustion, economic links and "unitary control" - the AG's opinion in the Schweppes trade mark reference
Trade mark rights may still be exhausted even if goods are imported bearing identical trade marks (having been applied in another EU Member State (MS) by …
Commission paper on IPR post-Brexit highlights the importance of resolving key issues prior to withdrawal
The European Commission has published a “Position paper transmitted to EU27 on Intellectual property rights (including geographical indications)” (7 …
Unified Patent Court Agreement still on pause despite 14th ratification
Lithuania has now ratified the UPC Agreement (UPCA) (on 24th August 2017) making it the 14th state to do so (see the UPCA ratification index here). Under …
Striking a balance on parallel imports
In an article published in the latest edition of CITMA Review, Joel Smith and Emily Bottle comment on the Court of Appeal's recent judgment in Flynn …
Estonia ratifies the UPC Agreement – 13 ratifications now in place – just Germany and the UK to go
Estonia ratified the UPC Agreement (UPCA) on 1 August 2017, making it the thirteenth contracting member state to do so (see the European Council's …
Aldi encounters hiccup in the "Champagner Sorbet" CJEU reference
The use of the name "Champagner Sorbet" by the German supermarket chain Aldi for a sorbet dessert containing actual Champagne (12% by volume) was …
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