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.
After explaining the technologies at stake, this e-presentation introduces the EU legal framework applicable to the protection of computer-aided designs (CADs), 3-D printing and graphical user interfaces (GUIs).
e-Presentation | October 2021 | Learning time: 41 minutes
Charles-Henry Massa, Legal Secretary, Cabinet of Judge Kancheva, General Court of the European Union, Luxembourg.
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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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
Jonathan Griffiths
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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: 30 minutes
Graeme Dinwoodie
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e-Presentation | October 2016 | Learning time: 30 minutes
Annette Kur
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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 | October 2016 | Learning time: 30 minutes
David Stone
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e-Presentation | April 2016 | Learning time: 30 minutes
Nathalie Dreyfus
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e-Presentation | April 2016 | Learning time: 32 minutes
Dr G.E. Evans
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e-Presentation | April 2016 | Learning time: 25 minutes
Dr G.E. Evans
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e-Presentation | April 2016 | Learning time: 33 minutes
Benjamin Fontaine
e-Presentation | November 2015 | Learning time: 42 minutes
Jonathan Griffiths
e-Presentation | November 2015 | Learning time: 33 minutes
Prof Paul L.C. Torremans
e-Presentation | November 2015 | Learning time: 40 minutes
Prof Guido Westkamp
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: 33 minutes
Dr Avantika Chowdhury
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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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e-Presentation | October 2014 | Learning time: 41 minutes
Simon Malynicz
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e-Presentation | May 2014 | Learning time: 27 minutes
Richard Burton
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e-Presentation | February 2014 | Learning time: 30 minutes
Jan-Diederik Lindemans
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e-Presentation | May 2013 | Learning time: 33 minutes
Prof Alain Strowel