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High Court rules on Norwich Pharmacal Orders in file sharing cases and the impact of the GDPR
In the recent case of (i) Mircom International Content Management & Consulting Ltd & Others (ii) Golden Eye International and Others v Virgin Media & Another, the High Court considered whether the correct legal approach for granting Norwich Pharmacal Orders in file-sharing cases remained the same as that set out in the 2012 Golden Eye litigation and the effect, if any, of the GDPR. The High Court confirmed that it was the correct approach to follow, but that in the present case, due to a fundamental defect in evidence, the application had to fail. The case also confirms that the regime seems to remain unaffected by the GDPR.
Blog Post
CJEU rules on the scope of the "quotation" limitation to copyright infringement and the application of fundamental freedoms
Before the summer break, the CJEU released its judgment in three copyright cases. This blog will consider the impact of the judgment in the case of Spiegel Online (C-516/17). We have already separately posted blogs on the other two cases: Pelham (C-476/17) and Funke Medien (C-469/17).
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CJEU delves into the world of German military reports and questions of copyright
This blog looks at the CJEU's ruling in Funke Medien, one of the trilogy of significant copyright judgments published on the same day. Here the court delves into the world of German military reports, as well as the interplay between copyright and fundamental rights.
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Red Bull's race comes to an end
Earlier this week the CJEU rejected Red Bull's appeal to set aside the General Court's judgment confirming the decision to invalidate Red Bull's colour trade mark.
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CJEU stays in tune with phonogram producers - sampling without permission can infringe a phonogram producer's rights, subject to certain conditions
CJEU rules that 'sampling without authorisation can infringe a phonogram producer's rights…. unless that sample is included in the phonogram in a modified form unrecognisable to the ear'.
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Court of Appeal gives red light to RAND trial
In the latest twist to the ongoing litigation between TQ Delta and ZyKEL, the Court of Appeal has agreed to stop the RAND trial due to start in September, following ZyKEL's waiver of their right to a RAND licence.
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Has the CJEU disclaimed the disclaimer?
The CJEU recently handed down its preliminary ruling in the case of Patent-och registreringsverket v Mats Hansson (Case C 705/17), giving guidance on how disclaimers should be interpreted when assessing the likelihood of confusion between two trade marks.
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Latest changes to the SPC Regulation - manufacturing waiver
The new SPC manufacturing waiver allows companies to manufacture generics and biosimilars prior to the expiry of an SPC for export to a non-EU country where protection has expired or never existed, or for stockpiling during the final six months of an SPC ahead of entry into the EU market.
Blog Post
China strengthens its trade mark law for brand owners
On 23 April 23, China published an amended Trade Mark Law which will come into effect on 1 November 2019. The revisions introduce intent to use requirements and increase the level of punitive damage and statutory damage to crack down on bad faith filings and strengthen trade mark protection.
Blog Post
Unsolicited Mail? The Good, the Bad, and the Ugly (but not technically illegal)
This is a short blog and word of warning in relation to unsolicited emails related to trade mark applications and registrations and the dangers and pitfalls surrounding this practice.