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Tag Archives: freedom of information

Advocate General rejects copyright infringement in German Afghanistan Papers case

Can the Federal Republic of Germany invoke a copyright on military status reports? This is the key question currently before the European Court of Justice (CJEU) (Case Ref. C-469/17). But before the Court submits a ruling on the case, presumably in early spring 2019, Advocate General Maciej Szpunar published his Opinion on 25 October 2018.

Europe: IP Enforcement round-up

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. 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

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

German Federal Court of Justice: The bank secret is not absolute!

The concept of banking secrecy does not work absolutely. The right to refuse information on a (known) account holder has to be balanced against rights a trademark owner has to adequately protect his intellectual property by investigating the payment flow connected to an illegal purchase of a counterfeited product. This is the bottom line of

CJEU rules on boundaries of bank secret

An unlimited and unconditional bank secret is at odds with Article 8 (3) (e) of the Directive 2004/48 enforcing the dedicated right of information. This is the core result of last week’s decision of the European Court of Justice (CJEU) in a matter brought before the CJEU by the German Federal Court of Justice. In