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According to Advocate General Wahl, a supplier of luxury goods may prohibit its authorised retailers from selling its products on third-party platforms such as Amazon or eBay. Such a prohibition, which seeks to preserve the luxury image of the products concerned, is not, under certain conditions, caught by the prohibition of agreements, as it is likely to improve competition based on qualitative criteria. more...
The sale of a multimedia player which enables films that are available illegally on the internet to be viewed easily and for free on a television screen could constitute an infringement of copyright. The temporary reproduction on a multimedia player of a copyright-protected work obtained by streaming is not exempt from the right of reproduction. more...
The Court of Justice of the European Union confirms that the company Forge de Laguiole may oppose the registration, at EU level, of the trade mark Laguiole in the area of, inter alia, knives and cutlery. By contrast, the company Forge de Laguiole may not oppose the registration of the trade mark Laguiole in areas in which it does not actually pursue a business activity more...
A new report from the European Union Intellectual Property Office (EUIPO), in collaboration with the International Telecommunication Union (ITU), estimates that 184 million fewer smartphones were sold by the legitimate industry in 2015, due to the presence of counterfeit devices in the marketplace. more...
Joint EPO-EUIPO follow-up study confirms the economic benefits for Europe of patents, trade marks, designs and other forms of IP more...
Unified Patent Court (UPC) – Provisional Application - The Preparatory Committee is now working under the assumption that the Provisional Application Phase (PAP) will start end of spring 2017, presumably in May, and that the Agreement on the Unified Patent Court (UPCA) can enter into force and the Court become operational in December 2017. more...
A report of the EUIPO estimates that counterfeit pesticides cost the German manufacturing sector €299 million each year, with 500 jobs lost more...
The initial acquirer of a copy of a computer program, accompanied by an unlimited user licence, may resell that copy and his licence to a new acquirer. However, where the original material medium of the copy that was initially delivered has been damaged, destroyed or lost, that acquirer may not provide his back-up copy of that program to that new acquirer without the authorisation of the rightholder. more...
EUIPO must re-examine whether the three-dimensional shape corresponding to the product ‘Kit Kat 4 fingers’ may be maintained as an EU trade mark. According to the General Court distinctive character acquired through use of the mark must be shown in all the Member States concerned. more...
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