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
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
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
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
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
This e-presentation offers an overview of the fundamental rights framework in EU copyright law before focusing on recent and pending rulings from the CJEU on exceptions and limitations to copyright protection.
e-Presentation | November 2018 | Learning time: 34 minutes