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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 …
UK High Court rules on copyright and joint authorship: "useful jargon", "helpful criticism" and "minor plot suggestions" are not enough
Summary and key findings The UK High Court, in Martin v Kogan, ruled, on 22 November 2017, that the defendant's contribution to the screenplay for the …
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 …
UK HIGH COURT RULES ON COPYRIGHT PROTECTION OF TV FORMATS FOR GAME SHOWS
Summary The High Court of England and Wales decided on 19 October 2017 that a particular television format document did not qualify for copyright …
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 …
New Unjustified Threats Regime in force from 1 October 2017
Threatening proceedings for intellectual property right infringement can sometimes backfire. In relation to patents, trade marks and designs, there is a …
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 …
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 …
Luxury brands may be able to limit to the types of on-line sales platforms used by their distributors if AG's Opinion is followed by CJEU
Brand reputation is intimately connected with the manner and context in which products are purchased, so the Opinion of the Advocate General of the CJEU …
UK SUPREME COURT ADOPTS NEW APPROACH TO PATENT INFRINGEMENT
The Supreme Court has redefined the UK approach to determining patent infringement. In doing so, it has made the approach more permissive, seeking to …
UK Government lays pre-ratification UPC legislation before Parliament
The Unified Patent Court (Immunities and Privileges) Order 2017 was laid before Parliament on 26 June 2017 – see the explanatory memorandum …
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