Annette Kurx

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.

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Ansgar Ohlyx

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.

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Eleonora Rosatix

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.

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Kevin Mooney  x

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 .

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Miranda Cole x

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.

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Fred Logue

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.

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Enikő Karsay

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.

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Alexander Peukert

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.

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Grégory Thuan dit Dieudonn x

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.

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Rogier de Vrey

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.

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Gregor Vos

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.

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Gregor Vos

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.

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Thomas Jaeger

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.

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Denis Dambois

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.

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Christiaan Alberdingk Thijm x

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

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Benoit Van Asbroeckx

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

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Caterina Sganga x

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

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goebel

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

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Malynicz

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

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Fhima

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

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bartos

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

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finck

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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rosati

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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finck

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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Maciej Szpunar


e-Presentation | November 2017 | Learning time: 26 minutes

Maciej Szpunar

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Adam Rendle


e-Presentation | November 2017 | Learning time: 41 minutes

Adam Rendle

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Dr Henning Hartwig


e-Presentation | September 2017 | Learning time: 23 minutes

Dr Henning Hartwig

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Simon Malynicz QC


e-Presentation | September 2017 | Learning time: 38 minutes

Simon Malynicz QC

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Jonathan Griffiths


e-Presentation | November 2015 | Learning time: 42 minutes

Jonathan Griffiths

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Michel Gyory


e-Presentation | November 2015 | Learning time: 61 minutes

Michel Gyory

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Dr Henning Hartwig


e-Presentation | October 2015 | Learning time: 29 minutes

Dr Henning Hartwig

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Pierre Véron


e-Presentation | December 2014 | Learning time: 32 minutes

Pierre Véron

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