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Tag Archives: EU

DSM Watch: Copyright Report approved by Legal Affairs Committee of EU Parliament. Whole EP to vote on 9 July

Following amendments voted on by the European Parliament’s Legal Affairs Committee yesterday, a somewhat watered-down version of its report on the implementation of the EU’s 2001 InfoSoc/Copyright Directive* will go forward for further likely amendment and vote by the full Parliament on 9 July 2015.  The full text of the report adopted by the committee,

DSM Watch: Europe’s Digital Single Market Strategy – a focus on Pillar 3

In this post (the last in this series), we focus on the initiatives introduced under the third pillar of the European Commission’s Digital Single Market Strategy: Maximising the growth potential of the European Digital Economy The third pillar is built around the recognition of the pervasive nature of digital technology, and that soon all industry

CJEU clarifies the distribution right under Article 4(1) of the InfoSoc Directive 2001/29

Distribution already starts with promoting the product regardless whether the advertised product is actually bought or nor. This is, in a nutshell, the take-away of the most recent decision, the Court of Justice of the European Union (CJEU) rendered with regard to the interpretation of Article 4 (1 of the InfoSoc Directive 2001/29 on the

DSM Watch: Europe’s Digital Single Market Strategy – a focus on Pillar 2

On 6 May 2015, the European Commission published its Digital Single Market Strategy for Europe. The Strategy sets out a total of 16 initiatives under 3 pillars which lay the groundwork for Europe’s digital future. In this post (the third in a series), we focus on the initiatives introduced under the second pillar: Creating the right

EU: No res judicata from OHIM’s opposition decisions

General Court decision of 23 September 2014 – TEGO / MEGO, T-11/13)  The judgment of the General Court concerned a cancellation action brought by Tegometall International based on numerous registrations for the trade marks TEGO and TEGOMETALL against the Community trade mark “MEGO” for furniture and metal shelving. In an unusually short (4 pages) judgment

EU: Council publishes its view on the draft Trade Secrets Directive

On 26 May 2014 the EU Council adopted a slightly different approach to the Trade Secrets Directive than the Commission which has led to the Council proposing a number of significant changes to the draft While the definition of “trade secret” remains unchanged, the Council has redefined the criteria that could lead to the “acquisition,

EU: The case of the striped shirt – good news for holders of Community designs

(CJEU, Judgment of 19 June 2014 in Case C-345/13, Karen Miller Fashions v Dunnes Stores) The assessment of whether a Community design has individual character must be based on whether or not the design produces a different overall impression to the prior art with reference to earlier designs taken individually, and not to a combination