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Leopold von Gerlach

Posts by Leopold von Gerlach

IP Enforcement Focus : Europe – round-up

IP 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,

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

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. Click here to view the V-log IP Enforcement Focus

CJEU: Comparative advertising – Putting prices into perspective

This short IP Enforcement Focus v-log covers a welcome confirmation from the CJEU on some comparative or misleading advertising ground rules. In case C-562/15 between Carrefour and Intermarché, the legality of the former’s claim of lower prices than any competitor was called into question. The central issue here was based around whether hypermarket prices were being compared to those of smaller

CJEU clarifies need-to-know in IP infringement

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. The CJEU was requested to make a preliminary ruling by the Supreme

CJEU: French connection – when online infringement crosses borders

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? Watch this v-log here IP Enforcement Focus is a series of written, video and audio posts which plug

IP Enforcement Focus : Europe – Quarterly round-up

IP 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. Over the last quarter, we have published 12 summaries of key IP enforcement developments, including 4 v-logs. This roundup outlines each commentary with a link

V-log: Filesharing – Illegal uploads & secondary liability of account holders

In this IP Enforcement Focus v-log, we report on a very surprising recent decision of the German Supreme Court dealing with illegal file sharing… and visitors from Australia. How does the court view secondary liability of account holders? Are primary claims enforceable in practice for such cases?   Click here to view the V-log IP Enforcement Focus is a series

V-log: Technical standards slipping? Unfair competition claims can come into play

In this IP Enforcement Focus v-log, we highlight the key take-aways from a recent German Supreme Court decision dealing with unfair competition claims based on non-compliance of technical standards where the specific consumer is protected. Harmonised European standards set the bar for German law in this case, meaning that the implications widen to cover a range of jurisdictions

CJEU gets physical – Vlog

This post launches our IP Enforcement Focus series of written, video and audio posts which plug into your current enforcement issues. These posts cover IP related court cases as well as relevant political and economic developments in this area. In this first short video post,  Leopold von Gerlach takes a look at how the CJEU tackles liability of physical marketplace operators in the recent Judgment in Case

Taking a holistic approach to brand management? Read our suite of brand & trademark protection and enforcement guides

Where should you enforce, and how? Do you have a strategy in place to protect your global brand? How do other businesses in your industry protect their trademarks? We are delighted to announce the launch of our suite of brand and trademark protection and enforcement guides that aim to answer these questions and more: Brand Benchmarking 2016