This e-presentation deals with design disclosure on the Internet. After introducing Article 7 of the Community Design Regulation, the e-presentation gives practical legal advice and raises typical scenarios in light of rulings from the General Court and EUIPO Boards of Appeal decisions on evidence for disclosure, grace period and social media disclosure.
e-Presentation | November 2023 | Learning time: 36 minutes
e-Presentation by Philipe Kutschke, Partner, Bardehle Pagenberg, Munich.
This e-presentation leads us into open trade mark legal issues related to the metaverse. After describing the metaverse market, the e-presentation discusses the key question as to whether trade marks registered for goods/services “in the real world” also enjoy (the same) protection “in the virtual world”.
e-Presentation | November 2023 | Learning time: 45 minutes
e-Presentation by Michael C. Maier, Partner, Nordemann, Berlin.
This e-presentation gives an overview of recent rulings adopted by the Court of Justice of the European Union in trade mark matters. In particular, the following issues are addressed: trade mark packaging and safety features, the EU trade mark as an object of property, trade mark enforcement under Article 10 of Directive 2004/48; and trade mark holder liability on defective products.
e-Presentation | November 2023 | Learning time: 37 minutes
e-Presentation by Andreea Livădariu, PhD, Partner, Roș and Associates Attorneys at Law, Bucharest.
This e-presentation first introduces the interplay between the Information Society Directive (2001/29) and the Digital Single Market Directive (2019/790) which are the main EU copyright legal instruments in the EU. As a second step, it dives into the complex relationship between these two instruments and other key legislative texts, such as the Digital Services Act and the AI Act.
e-Presentation | November 2023 | Learning time: 36 minutes
e-Presentation by Eleonora Rosati, Professor in Intellectual Property Law, University of Stockholm; Of Counsel, Bird & Bird, Italy.
This e-presentation deals with the relationship between data and copyright in the context of generative AI, the EU Data Strategy (February 2020), the Data Governance Act (May 2022) and the Data Act (Nov. 2023).
e-Presentation | November 2023 | Learning time: 45 minutes
e-Presentation by Alain Strowel, Senior Partner, Pierstone; Professor at University Saint-Louis – Brussels, and UCL Leuven.
Illustrated by examples, this e-presentation introduces Distributed Ledger Technologies (DLTs), its uses in the art world and the risks thereof for copyright protection.
e-Presentation | November 2023 | Learning time: 47 minutes
e-Presentation by Maria José Schmidt-Kessen, Assistant Professor, Legal Studies Department, Central European University, Vienna.
This e-presentation comments on the ruling adopted in March 2021 by the Court of the Justice of the European Union in the design case Acacia. This ruling on the interpretation of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs and Article 8(2) of Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II) is put into the context of other CJEU rulings dealing with cross-border infringement of intellectual property rights.
e-Presentation | October 2022 | Learning time: 41 minutes
e-Presentation by Annette Kur, Affiliated Fellow, Max-Planck-Institute for Innovation and Competition, Munich.
This e-presentation deals with different liabilities of online marketplaces either for their own trade mark infringing acts (direct liability) or for infringement of trade mark rights by third parties (indirect liability). The different legal regimes of these liabilities are explained in the light of key rulings from the CJEU.
e-Presentation | October 2022 | Learning time: 32 minutes
e-Presentation by Ansgar Ohly, Chair of Private Law, Intellectual Property and Competition Law, LMU, Munich.
This e-presentation shows that by creating a horizontal legal framework for illegal online content, the Digital Services Act (DSA) can to some extent be considered as part of a complex intellectual property enforcement ecosystem. In this context, the legal regime of liability of intermediaries for infringement of intellectual property rights is explored in the light of the DSA and other legal instruments.
e-Presentation | October 2022 | Learning time: 28 minutes
e-Presentation by Eleonora Rosati, Professor in Intellectual Property Law, University of Stockholm; Of Counsel, Bird & Bird, Italy.
This e-presentation gives clarifications on the exclusive competences of the Unified Patent Court in relation to European patents and European patents with unitary effect. It provides key practical guidelines on the opt-out procedure applicable before the registrar of the Unified Patent Court, as well as relevant indications on the reasons to opt out or not.
e-Presentation | May 2022 | Learning time: 38 minutes
e-Presentation by Kevin Mooney, Partner, Simmons and Simmons, London .
This e-presentation, illustrated by recent cases in the life sciences sector, explains the circumstances in which a conduct can be considered as an abuse of patent claim under EU competition law. It also elucidates decisions on anticompetitive practices in Europe linked to patent settlements and patent trolls.
e-Presentation | May 2022 | Learning time: 36 minutes
e-Presentation by Miranda Cole, Partner, NortonRoseFulbright, Brussels.
This e-presentation introduces EU law on access to documents and gives useful information on how this principle has been interpreted by the General Court in its ruling from 14 July 2021 (Public.resource.org and right to know v Commission, T-185/19) when copyright is invoked to oppose divulgation.
e-Presentation | November 2021 | Learning time: 23 minutes
Fred Logue, Head of FP Logue Solicitors, Dublin.
This e-presentation examines situations when copyright is opposed as an earlier right to trademark registration and when copyright is recognised as a relative ground for invalidity under EU trademark law. The principle of cumulative protection of design and copyright is also explained in the light of the CJEU ruling in Brompton Bicycle (C-833/18).
e-Presentation | November 2021 | Learning time: 37 minutes
Enikő Karsay, Attorney at Law, SBGK, Budapest.
In its first part, the e-presentation explains when fundamental rights can or should be invoked in copyright litigation cases. The second part deals with online platforms and fundamental rights, with a focus on Article 17 of the Copyright in the Digital Single Market Directive (CDSMD).
e-Presentation | November 2021 | Learning time: 26 minutes
Alexander Peukert, Goethe University, Frankfurt am Main.
This e-presentation offers an overview of the developments in law and case law since the adoption of Directive 2001/21 and its implementation in the EU Member States. Copyright is revisited through near-term legal developments like the adoption of the Digital Services Act and the possible reform to address the challenges of AI.
e-Presentation | November 2021 | Learning time: 35 minutes
e-Presentation by Alain Strowel, Professor, UCLouvain & Université Saint-Louis, Brussels; Munich IP Law Center; Fellow at the Weizenbaum Institute; Attorney, Pierstone.
This e-presentation looks at the basics of trade mark protection of promotional slogans, illustrated by recent rulings from the General Court of the European Union (e.g: T-253/20, Oatly AB v. EUIPO), before focusing on special trade mark rules applicable to them.
e-Presentation | October 2021 | Learning time: 37 minutes
Rogier de Vrey, Head of IP, CMS, Amsterdam.
This e-presentation offers an overview of recent judgments on trade mark law adopted by the Court of Justice of the European Union. Covering the period between October 2020 and October 2021, it gives relevant information on topical issues, such as the distinctive character of colour combinations (Judgment of 8 October 2020, C-456/19, AB Östgötatrafiken v. PRV), functional trade marks (Judgment of 3 June 2021, Joined Cases C‑818/18 P and C‑6/19 P) and the genuine use of a trade mark (Judgment of 22 October 2020, Joined Cases C-720 & 721/18, Ferrari SpA v. DU).
e-Presentation | October 2021 | Learning time: 32 minutes
Alexander von Mühlendahl, J.D., LL.M., Of Counsel, Bardehle Pagenberg Partnerschaft mbB, Munich; Visiting Professor, Centre for Commercial Law Studies, Queen Mary University of London.
This e-presentation on online trade mark infringement tackles various issues ranging from trade mark protection against identical or confusingly similar domain names to issues related to competent jurisdiction and liability in case of unlawful online trade mark use.
e-Presentation | October 2021 | Learning time: 1 hour 15 minutes
Gregor Vos, Partner, Brinkhof N.V., Amsterdam.
In this e-presentation recorded a few weeks before the decision of the German Federal Constitutional Court (rejecting the second complaint against the UPC), the speaker criticises the legality and functionality of the Unified Patent Court, and suggests an alternative solution in order to make the system functional and legal under EU law.
e-Presentation | June 2021 | Learning time: 37 minutes
Thomas Jaeger, Univ.-Prof. Mag. Dr. LL.M, European Law, University of Vienna.
The 2020 IP Action Plan: Spurring Industrial Recovery and Resilience by Capitalization on Innovation
In its first part, this e-presentation presents the main orientations of the European Commission IP Strategy adopted on 25 November 2020. The second part takes stock of the Commission’s recent initiatives on standard essential patents and explains the next steps.
e-Presentation | June 2021 | Learning time: 12 minutes
Denis Dambois, Legal and Policy Officer, IP Unit, DG GROW, European Commission, Brussels.
This e-presentation on the virtual market for ‘second-hand’ e‑books introduces the ruling adopted by the Grand Chamber of the CJEU in Tom Kabinet (C-263/18) and its practical consequences. The crux of that question is whether such digital supply is considered as an act of communication to the public or as an act of distribution subject to the rule on copyright exhaustion.
e-Presentation | November 2020 | Learning time: 43 minutes
e-Presentation by Christiaan Alberdingk Thijm
This e-presentation clarifies the liability regime of social media for copyright-protected works illegally uploaded by users. The changes brought by the EU Directive on Copyright in the Digital Single Market are explained. It also raises the question as to whether EU law affords enough protection against piracy, and gives useful advice on the kind of licences that should be provided between users and social media platforms.
e-Presentation | November 2020 | Learning time: 36 minutes
e-Presentation by Benoit Van Asbroeck
This e-presentation offers an overview of the most recent developments in neighbouring rights. After a reminder of the international and EU legal orders of neighbouring rights, the speaker explains the background of the introduction of ancillary copyright for press publishers in Member States. The e-presentation ends with an analysis of the most recent CJEU case law in the field with a special focus on the two rulings Pelham and Spedidam v INA.
e-Presentation | November 2020 | Learning time: 50 minutes
e-Presentation by Caterina Sganga
This e-presentation explains the role of fundamental rights in trade mark law and analyses the impact of trade mark law on fundamental rights in the light of recent judgments adopted by the General Court and the Court of Justice of the European Union.
e-Presentation | October 2020 | Learning time: 31 minutes
Burkhart Goebel
This e-presentation illustrated by recent CJEU rulings (e.g. C-104/18 Koton and C- 371/18 Sky v SkyKick) explains the EU legal concept of trade mark registration in bath faith. It gives useful advice on how to prove bad faith in court proceedings and raises the issue of whether evergreening (trade mark re-filing) could constitute bad faith.
e-Presentation | October 2020 | Learning time: 34 minutes
Simon Malynicz
The e-presentation offers an overview of rulings on trade mark law adopted by the CJEU between January 2019 and April 2020. It mainly covers functional shapes (e.g. Case C-237/19 Gömböc), colour and shape marks (e.g. Case C-21/18 Textilis), trade mark infringement (e.g. Case C-567/18 Coty v Amazon), online advertising (e.g. Case C-684/19 mk advokaten Gbr v MBK Rechtsanwälte GbR) and disclaimers (Case C-705/17 Patent-och registreringsverket v Mats Hansson).
e-Presentation | October 2020 | Learning time: 49 minutes
Ilanah Fhima
This e-presentation offers an overview of recent decisions adopted by the Boards of Appeal of the EUIPO between 2019 and the first half of 2020 dealing with procedural questions (e.g. inspection of files), both absolute (e.g. sound marks, abbreviations) and relative grounds for refusal (e.g. likelihood of confusion and weak trade marks), certification trade marks and proof of use.
e-Presentation | October 2020 | Learning time: 24 minutes
Christoph Bartos
The e-presentation offers an overview of the exceptions and limitations in EU copyright law before and after the adoption in May 2019 of the Directive on Copyright in the Digital Single Market. It stresses the old problems solved, the new problems created
and the issues left behind, before focusing on the trilogy of rulings adopted by the CJEU in July 2019 (C-469/17 Funke Medien, C-516/17 Spiegel Online and C- 476/17 Pelham).
e-Presentation | November 2019 | Learning time: 47 minutes
Caterina Sganga
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By offering an overview of the rulings adopted by the Court of Justice from Svensson to VCAST, this e-presentation addresses the issue of whether copyright in the online environment should be treated in the same way as in the analogue world.
It explains the reasons for the difficulty faced by the CJEU in consistently interpreting the EU legal principles on copyright in the context of the internet, concluding that the Court correctly applied those principles.
e-Presentation | November 2019 | Learning time: 36 minutes
Eleonora Rosati
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The e-presentation deals with the use of e-evidence in trade mark and design cases. It presents recent rulings by the CJEU that provide clarifications on the following issues: proof of the existence, validity and scope of protection of an international
trade mark through the database TMview (e.g. T-848/16 Deichmann/EUIPO), proof of design disclosure via electronic means (e.g. T-756/16 Euro Castor Green v EUIPO), assessment of the relevant public through online evidence (e.g. T-122/17
Devin v EUIPO/Haskovo Chamber of Commerce), and genuine use and e-evidence.
e-Presentation | March 2019 | Learning time: 27 minutes
Andrej Stec
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After introducing the principle of unitary character of EU trade marks, this e-presentation offers a critical analysis on how this principle has been interpreted by the CJEU in relation to genuine use, reputation, infringement, and acquisition of distinctiveness.
It concludes that this body of case law has led to different kinds and degrees of unity of the EUTM.
e-Presentation | March 2019 | Learning time: 32 minutes
Sven Klos
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Focusing on recent key judgments on design law adopted by the CJEU (C-395/16 Doceram and C-361/105 Easy Sanitary Solutions), this e-presentation critically assesses the notions of novelty and functionality in the light of the travaux préparatoires
on the EU legal framework for the Community Design.
e-Presentation | March 2019 | Learning time: 51 minutes
David Musker
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After explaining the meaning of the unity character of EU trade mark law and its relationship with the principle of peaceful trade mark coexistence and the notion of acquiescence, the speaker analyses a number of recent rulings adopted by the EUIPO’s
Boards of Appeal and the General Court interpreting these concepts.
e-Presentation | March 2019 | Learning time: 47 minutes
Alexander von Mühlendahl
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This presentation explains the main issues of the CJEU ruling in Renckhoff in the context of the online use of copyrighted works (hyperlinking). It also offers a critical approach to the ruling and the conclusions of the Advocate General in this case.
e-Presentation | November 2018 | Learning time: 28 minutes
Tatiana Eleni Synodinou
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e-Presentation | November 2017 | Learning time: 26 minutes
Maciej Szpunar
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e-Presentation | November 2017 | Learning time: 41 minutes
Adam Rendle
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e-Presentation | November 2017 | Learning time: 25 minutes
Mirena Pencheva
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e-Presentation | September 2017 | Learning time: 23 minutes
Dr Henning Hartwig
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e-Presentation | September 2017 | Learning time: 51 minutes
Łukasz Żelechowski
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e-Presentation | September 2017 | Learning time: 38 minutes
Simon Malynicz QC
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e-Presentation | September 2017 | Learning time: 42 minutes
Geoffrey Hobbs QC
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e-Presentation | September 2017 | Learning time: 22 minutes
Benoit Van Asbroeck
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e-Presentation | September 2017 | Learning time: 32 minutes
Maris Kurecko
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e-Presentation | October 2016 | Learning time: 40 minutes
Sven Klos
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e-Presentation | October 2016 | Learning time: 31 minutes
Prof Alexander von Mühlendahl
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e-Presentation | October 2016 | Learning time: 29 minutes
Andrej Stec
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e-Presentation | April 2016 | Learning time: 25 minutes
Dr G.E. Evans
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e-Presentation | November 2015 | Learning time: 42 minutes
Jonathan Griffiths
e-Presentation | November 2015 | Learning time: 61 minutes
Michel Gyory
e-Presentation | October 2015 | Learning time: 29 minutes
Dr Henning Hartwig
e-Presentation | October 2015 | Learning time: 31 minutes
Andrej Stec
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e-Presentation | October 2015 | Learning time: 36 minutes
Prof Spyros Maniatis
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e-Presentation | May 2015 | Learning time: 35 minutes
His Honour Michael Fysh QC
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e-Presentation | May 2015 | Learning time: 25 minutes
Dr Joachim Feldges
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e-Presentation | December 2014 | Learning time: 32 minutes
Pierre Véron
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e-Presentation | December 2014 | Learning time: 32 minutes
Sam Granata
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e-Presentation | October 2014 | Learning time: 34 minutes
David Stone
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