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IP Enforcement Focus : Europe – round-up

IP Enforcement Focus2IP Enforcement Focus is our series of written, video and audio posts which plug into your current European enforcement issues. These posts cover IP related court cases as well as relevant political and economic developments in this area.

Since January, we have published 13 summaries of key IP enforcement developments, including 8 v-logs. This round-up outlines each commentary with a link to the full post, giving you the chance to catch up on any news you missed.

We look forward to bringing you further updates on IP Enforcement.

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Posts by date (with keyword Tags)


UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

17 Jan – This article focuses on whether internet service provider (ISP) blocking remedies are available to trademark and copyright owners in the United States, China and Hong Kong; but starts with a brief look at the position in the United Kingdom, where the courts have shown willing to adopt innovative solutions to this 21st century problem.

Tags: blocking injunction, broadband, Cartier, copyright infringement, DMCA, ISP liability, tort law, trademark infringement


Landmark decision of the German Federal Supreme Court: Cease and desist orders comprise the obligation to recall infringing products

V-Log: Germany, Risk of IP litigation III – Cease and desist obligation = duty to recall!

Jan 20 – The German Federal Supreme Court decided on the 29th September 2016, published on the 10th January 2017, to the surprise of many that a cease and desist order regarding the distribution and promotion of infringing products in principle includes the obligation to recall the products that are already on the market.

Tags: cease and desist, German Federal Supreme Court, product recall


EU: Customs enforcement of IP rights in light of the Commission’s recently-released strategy for the Customs Union

Feb 1 – In a communication dated 21 December 2016, the European Commission lays out its long-term strategic vision for the management of the Customs Union, one of the basic pillars of the European Union. The executive of the European Union sees an increased role of customs in ensuring safety and security in the EU and promotes more harmonization and integration, specifically to respond to common threats operating across borders.

Tags: Customs Union, EU customs enforcement, EUROPOL, UCC, Union Customs Code


V-log: CJEU – When in Sweden… Trademark non-use grace period questioned

Feb 8 – In this IP Enforcement V-log, we look into the significance of a recent CJEU preliminary ruling in response to a request from the Swedish Supreme Court. The ruling assesses the value for plaintiffs of the 5 year non-use grace period for trademarks that have not been used at all.

Tags: CJEU, litigating abroad, non-use grace period


V-Log: CJEU, French connection – when online infringement crosses borders

Feb 17 – This short IP Enforcement V-log, summarises a recent claim of online infringement in which French courts were permitted to proceed against online infringement outside France. But does this pave the way for future multi-jurisdiction cases under Article 5 of the Brussels regulation?

Tags: Art. 5 Brussels Regulation, CJEU, cross-border competence, France, jurisdiction


V-Log: CJEU clarifies need-to-know in IP infringement

March 2 – In this short IP Enforcement Focus v-log we discuss IP Owners’ right of information in accordance with Article 8 of the EU IP Rights Enforcement Directive. Specifically the interplay between proceedings to obtain measures such as cease and desist rights – and obtaining information from the infringer.

Tags: CJEU, IP infringement proceedings, IPRED, right to information


V-Log: CJEU, Comparative advertising – Putting prices into perspective

March 14 – This short IP Enforcement Focus v-log covers a welcome confirmation from the CJEU on some comparative or misleading advertising ground rules.

Tags: advertising, CJEU, comparative advertising, misleading advertising


Combatting illegal pharma trade – IP enforcement brochure

March 27 – This publication is a pharmaceutical industry-specific brochure which complements our suite of brand and trademark protection and enforcement guides. This guide analyses the challenges facing the pharmaceutical industry with a focus on the international black market on one hand and grey market activities on the other. Our team outlines an innovative four-step plan and profiles our team members in this sector together with an overview of our one-stop-shop approach.

Tags: anti-counterfeiting, black market, grey market, internet enforcement, Life Sciences, parallel imports, pharmaceuticals, WHO


V-Log: Hard Rock Cafe I – Relying on unfair competition claims when claimant has no earlier trademark rights

April 6 – In part I of this IP Enforcement v-log, we talk about the implication of earlier company name rights and the possibility to rely on unfair competition law when the claimant has no earlier trademark rights.

V-Log: Hard Rock Cafe II – Acquiescence in IP infringement cases

May 4 – In part II of this IP Enforcement focus v-log, we talk about the topic of acquiescence in IP infringement cases using the example of the famous Hard Rock Cafe case in Germany. This case has shown that in merchandise cases the principle of acquiescence is only of limited value.

Tags: acquiescence, merchandise, company name, trademark infringement, unfair competition


Germany: New rules on recovery of criminal proceeds affect enforcement of IP rights

April 7 – On 23 March 2017, the German Parliament passed new rules on criminal law measures for recovery of criminal proceeds. In the future, enforcement of financial claims against criminal offenders will be widely handled by the public prosecution. Whilst the new rules may facilitate access to compensation for private parties affected by crimes, intellectual property right owners fighting counterfeiters may often find civil enforcement more promising.

Tags: asset recovery, Directive 2014/42/EU, Germany, insolvency


V-log: Secondary liability & file-sharing the blame

May 4 – In this IP Enforcement Focus v-log, we report on a recent decision of the German Supreme Court dealing with illegal file sharing which has received a lot of attention. The case centres on how the court views secondary liability of Internet account holders where family members or groups are involved.

Tags: Filesharing, German Supreme Court, Rhianna, secondary liability