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.
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
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
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
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
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
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
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