Blog Post
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.
Blog Post
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.
Blog Post
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.
Blog Post
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.
Blog Post
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.
Blog Post
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.
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Decreasing levels of online copyright infringement by 12-24 year olds in the UK
Following a study earlier this year, the IPO has now published its eighth report into online copyright infringement in the UK.
Blog Post
Chugai gets relief from the pain of its licence agreement
In this blog we look at the very recent decision of the Patents Court in favour of Chugai in the long-running patent and licensing dispute with the patentee, UCB. The judgment is interesting in looking at how an English judge applies US law of patent construction, and for helpful guidance on patent drafting.
Blog Post
School Taught a Lesson on Communicating Copyright Works
In the recent case of Land Nordrhein-Westfalen v Renckhoff (C-161/17), the CJEU handed down one of its last judgments before breaking for summer, on copyright infringement. The Court held that posting a photograph on a website amounted to a communication to the public. This was the case even where the photograph had been previously published on another website with the consent of the copyright owner.