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Taste of food is not a copyright "work" - a decision that may grate on the cheese industry
In its judgment published this morning, the CJEU agreed with the Advocate General's opinion that EU copyright law should not be extended to the taste of food.
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Just blame it on the parents? No longer a valid excuse for copyright infringement, rules CJEU
In a recent reference from Germany, the CJEU has found that national laws cannot exclude liability for copyright infringement in cases where the defendant can name someone else, such as a family member, who might have had access to the internet connection used to send infringing material.
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Court of Appeal grapples with Actavis in patent infringement case: Icescape v Ice-World
The Court of Appeal last week considered the change in the UK law of patent infringement following the Supreme Court decision in Actavis v Lilly.
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UK retailer Argos loses its battle against US company in Court of Appeal
Earlier this week, the UK Court of Appeal delivered its keenly awaited ruling in the dispute between the UK retailer Argos and Argos Systems, a US company. Although the retailer ultimately lost its appeal, the court did disagree with some key aspects of the High Court's decision, including on the question of website targeting, as we discuss briefly in this blog.
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Article 3(a) of the SPC Regulation – clarity at last?
Since we blogged on the CJEU's judgment in Teva v Gilead in July, Arnold J in the English High Court has decided that Gilead's SPC for the combination of Tenofovir Disoproxil (TD) and Emtricitabine does not comply with Article 3(a) and must be revoked.
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No fairy tale ending for souvenir sellers at the inspiration for Disneyland castle
Sellers of unauthorised branded souvenirs, a ubiquitous part of tourist sites worldwide, may find their activities restricted following a recent CJEU decision concerning Neuschwanstein Castle in Germany, as we discuss briefly in this blog.
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The European Parliament proposes "fair and reasonable remuneration" amendments to the proposed Digital Copyright Directive
On 12th September, the European Parliament (EP) voted in favour of a number of amendments to the highly controversial draft Digital Copyright Directive, having voted in July to reject the previous draft.
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It's a knock out – Matchroom scores a blocking injunction for boxing matches
A blocking injunction has been granted to the sports event promoter, Matchroom, to block infringing streams of boxing matches.
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Birkenstock loses its footing in CJEU appeal
In a recent decision, the CJEU rejected an appeal from the German casual footwear manufacturer, Birkenstock in respect of its attempt to register a figurative trade mark for a pattern of waved, crossing lines - the pattern used on the soles of Birkenstock footwear.
Blog Post
New Copyright Directive proposals – a help or a hindrance?
On 12 September 2018, the European Parliament voted in favour of a number of amendments that have been made to the draft Copyright Directive. This follows the previous vote on 5 July 2018 when the EP controversially rejected the previous draft. Some are hailing this a victory for the creative industry as it is hoped the Directive will provide for fair remuneration for copyright holders. Others, however, are up in arms that these provisions will restrict the free flow of content on the internet.