Intellectual Property

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The UK is working towards bringing the Unified Patent Court into operation as soon as possible

Article Date: 20-02-2017
Categories: Intellectual Property Typology: Articles
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From Altalex.EU Blog - Comments (0)
The UK government confirmed on 28 November 2016 it is proceeding with preparations to ratify the Unified Patent Court Agreement. The aim is to enable British businesses to protect and enforce their patent rights across Europe in a more streamlined way – with a single patent and through a sing... [Read All]

Study on "The effect of 'Brexit' on the unitary patent regulation and the unified patent court agreement"

Article Date: 17-10-2016
Categories: Intellectual Property Typology: Articles
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From Altalex.EU Blog - Comments (0)
Richard Gordon QC and Tom Pascoe were instructed to advise the IP Federation, the Chartered Institute of Patent Attorneys and the Intellectual Property Lawyers Association on “The effect of ‘Brexit’ on the unitary patent regulation and the unified patent court agreement” (Leg... [Read All]

The Court of Justice interprets Article 5(3) Brussels I against Amazon

Article Date: 04-07-2016
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of Justice delivered on 21st April 2016 its judgment in case C‑572/14, Austro-Mechana v Amazon, which is about Brussels I (Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). The facts ... [Read All]

26 countries agreed on distribution key for Unitary patent

Article Date: 14-03-2016
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From Altalex.EU Blog - Comments (0)
The EU Commission stated on 17 November 2015 that a major roadblock on the path to a European unitary patent was cleared when 26 EU countries reached an agreement on the distribution of revenues. It explained that although the mechanism for the patent was agreed back in 2012, the fee structure and t... [Read All]

Too well known for your own good. Free movement of goods and protection of trade marks

Artificial partitioning of the market. How the re-branding of a drug by a parallel importer was ruled lawful by the Court of Appeal of England & Wales (Civil Division)

Article Date: 11-05-2015
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The Court of Appeal found that the enforcement against a parallel importer of a trade mark used for a pharmaceutical product created an artificial partition in the market in the UK and was a disguised restriction on trade between Member States which made it unlawful, pursuant to art.36 TFEU. The Ap... [Read All]

"Accessibility" as one of the jurisdiction criteria for online copyright infringements

Article Date: 23-03-2015
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
Once again the CJEU was asked to determine which court has the jurisdiction to hear cases of online copyright infringement. Even though one of the core principles of copyright is territoriality, the internet makes copyright infringements possible from almost everywhere. That is why the Austrian Hand... [Read All]

The right to parody in EU Copyright Law (Deckmyn v. Vandersteen)

Article Date: 27-01-2015
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
The so called InfoSoc Directive 2001/29 (on the harmonisation of certain aspects of copyright and related rights in the information society) provides that authors have the exclusive right to authorise or prohibit direct or indirect, temporary or permanent reproduction (by any means and in any form, ... [Read All]

Acquired distinctiveness through use in colour trade marks

Article Date: 12-02-2015
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
On June 19th 2014 the CJEU handed down a decision concerning colour trade marks and their acquired distinctiveness through use (i.e. the necessary degree of consumer recognition). The Austrian bank “Oberbank AG” and the Spanish bank “Santander SA” independently sought a decl... [Read All]

Hyperlinking to freely available content does not infringe copyright

European Court of Justice, Case C-466/12

Article Date: 13-02-2014
Categories: Intellectual Property Typology: Case Law
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From Altalex.EU Blog - Comments (0)
Could you imagine if every time you wanted to post a link to a cool newspaper article or a youtube VEVO video on your blog you had to obtain a license from the content's rights holders, or else be liable for copyright infringement? Well, for the time being you don't have to worry about it, a... [Read All]

ECHR's jurisdiction going towards extension to advisory opinions on legal questions

Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Article Date: 02-10-2013
Categories: Employment Law Intellectual Property Business Law Consumer Law Contract Law Family Law Typology: Legislation
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From Altalex.EU Blog - Comments (0)
Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms Strasbourg, 2.X.2013 European Court of Human Rights Steering Committee for Human Rights (CDDH) Explanatory Report Introduction 1. The proposal to extend the jurisdiction of the European Court of H... [Read All]
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