The Court of Appeal has upheld findings that Tesco infringed Lidl’s trade mark for its LIDL logo, by using a similar logo in its Clubcard Prices promotion. The Court of Appeal also dismissed Tesco’s appeal against a finding...more
As we start the new year, we take a look back at some of the most significant legal developments and caselaw of 2022 in UK trade mark, copyright and designs law and highlight the changes that IP stakeholders should be aware...more
The Retained EU Law (Revocation and Reform) Bill 2022-2023 was introduced on 22 September 2022, with the aim of repealing, amending or revoking certain EU law that was retained on Brexit, by the end of 2023. The Bill has the...more
Is Art. 17 DSM Directive compatible with EU fundamental rights? Today, the CJEU has given the answer, in one of the most awaited rulings of the year: yes – because of the safeguards of Art. 17 DSM Directive (C-401/19). The...more
The UK Intellectual Property Office (IPO) is currently running a ‘call for views’ on the UK designs framework post-Brexit. The consultation closes at 11.45pm on 25 March 2022. The IPO is seeking evidence from designers and...more
At the end of October 2021, the UK Intellectual Property Office launched its second consultation on artificial intelligence. The consultation is seeking evidence and views on the extent to which patents and copyright should...more
On 15 April the Agriculture and Fisheries Council formally adopted the Directive on online transmissions of broadcasting organisations and retransmissions of TV and radio programmes (the “Directive”), following the European...more
4/23/2019
/ Copyright ,
Country of Origin ,
Cross-Border ,
Digital Single Market ,
EU ,
EU Directive ,
Intellectual Property Protection ,
Online Distribution ,
Radio Broadcasting ,
Rulemaking Process ,
Television Programming
Today the Council of the European Union adopted the EU Copyright Directive (the “Directive”), ending a negotiation process which first started with the Commission’s proposal for a new Directive in early 2016. ...more
4/15/2019
/ Copyright ,
Copyright Infringement ,
Digital Downloads ,
Digital Single Market ,
EU ,
European Commission ,
European Copyright Directive ,
Intellectual Property Protection ,
Online Platforms ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Rulemaking Process
On 26 March 2019 the EU Parliament voted to pass the draft Copyright Directive (“Directive”) into EU law. After adoption by the EU Council (representatives of Member State governments) and official publication, the EP’s...more
4/2/2019
/ Copyright ,
Copyright Infringement ,
Digital Downloads ,
Digital Single Market ,
EU ,
European Commission ,
European Copyright Directive ,
Intellectual Property Protection ,
Online Platforms ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Rulemaking Process
Today a short time ago the EU Parliament voted to pass the draft Copyright Directive into EU law. After adoption by the EU Council (representatives of Member State governments) and official publication, it will become EU...more
3/26/2019
/ Copyright ,
Copyright Infringement ,
Digital Single Market ,
EU ,
European Commission ,
European Copyright Directive ,
European Parliament ,
Intellectual Property Protection ,
Online Platforms ,
Parliamentary Procedure ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements
On 13 February 2019 the Commission, the European Parliament and the Council finally agreed the text of the long-awaited draft Copyright Directive (COM(2016)593) (“Directive“). ...more
3/22/2019
/ Copyright ,
Copyright Infringement ,
Data-Sharing ,
Digital Downloads ,
Digital Single Market ,
EU ,
European Copyright Directive ,
Information Technology ,
Intellectual Property Protection ,
Internet ,
Licensing Rules ,
Online Platforms ,
Regulatory Oversight ,
Regulatory Requirements ,
Startups
Agreement on a compromise text for the new Copyright Directive was reached between Member State government representatives, EU Parliament representatives and the EU Commission last week. ...more
2/26/2019
/ Copyright ,
Copyright Infringement ,
Cross-Border ,
Data Mining ,
Digital Single Market ,
EU ,
European Copyright Directive ,
Intellectual Property Protection ,
Publishers ,
Regulatory Oversight ,
Regulatory Requirements
Last night the Commission, the European Parliament and the Council finally agreed the text of the long-awaited draft Copyright Directive....more
2/14/2019
/ Copyright ,
Copyright Infringement ,
Digital Single Market ,
EU ,
European Commission ,
European Copyright Directive ,
European Parliament ,
Intellectual Property Protection ,
Parliamentary Procedure ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements
Debate on the shape of the draft Copyright Directive between the EU legislative institutions appears this week to be in the final stretch. One of the last bones of contention between the negotiators is the draft’s highly...more
Towards the end of last year the UK government published draft legislation on copyright, which will come into force if there is a no-deal Brexit. We are publishing a series of blogs on the impact of the Copyright SI. In this...more
On 26 October 2018, the UK government published a draft version of a statutory instrument (Copyright SI) and explanatory note together with guidance issued by the UK Intellectual Property Office (IPO) which explain the...more
11/26/2018
/ Broadcasting ,
CDPA ,
Copyright ,
Country of Origin ,
Cross-Border ,
Intellectual Property Protection ,
No-Deal Brexit ,
Online Platforms ,
Portability ,
UK ,
UK Brexit ,
UK Intellectual Property Office (UK IPO)
This is, in essence, the fundamental question that has been submitted to the CJEU in the case C-310/17 (Levola Hengelo v. Smile Foods). ...more
Ever since the European Court of Justice (CJEU) in its highly regarded UsedSoft ruling declared the resale of “used” software admissible (dated 3 July 2012, C-128/11)...more
In a dramatic turn of events, the European Parliament has today voted to reject the compromise position on the controversial draft DSM Copyright Directive, which was adopted by the Committee on Legal Affairs (JURI) of the...more
After a long and intense debate – including several postponements – the Committee of Legal Affairs of the European Parliament (JURI) finally agreed on its position on the draft DSM Copyright Directive. Of course, the plenary...more
6/21/2018
/ Copyright ,
Data Mining ,
Data-Sharing ,
Digital Single Market ,
EU ,
Intellectual Property Protection ,
Online Platforms ,
Publishers ,
Regulatory Oversight ,
Regulatory Requirements ,
Royalties
On 25 May 2018, after months of discussions, the EU Council’s Permanent Representatives Committee (COREPER) finally agreed its position on the draft Copyright Directive, although it has been suggested that Germany, Finland,...more
Reform of EU copyright is the core of the Commission’s Digital Single Market strategy. Various legislative initiatives have been proposed but the “heart” of the reform is without a doubt the proposal for a new copyright...more
The European Parliament’s Rapporteur on the draft Copyright Directive (COM (2016) 593), Axel Voss, released proposed amendments to Article 11 and its corresponding recitals at the end of March....more
The copyright reform is one of the core pillars of the EU Commissions endeavor to create a real Digital Single Market within the European Union. However, despite of the first draft of the new Copyright Directive (COM (2016)...more
On 28 March 2018 the Commission published a Notice to Stakeholders on the Withdrawal of the UK and EU rules in the field of Copyright. The Notice reminds stakeholders that, unless the UK comes to an agreement with the EU,...more
4/6/2018
/ Broadcasting ,
Copyright ,
Country of Origin ,
Cross-Border ,
Digital Media ,
EU ,
Intellectual Property Protection ,
Member State ,
Portability ,
Referendums ,
UK ,
UK Brexit