Mondaq Europe: Intellectual Property
On 4 February 2013, the Antwerp Court of Appeal partially upheld the judgment of the Court of First Instance of Mechelen holding that simulcasting does not amount to new cable distribution within the meaning of the Law on copyright and related rights of 30 June 1994 (the "Copyright Law").
The Supreme Court of Canada struck down Pfizer's blockbuster VIAGRA® patent on the basis of insufficient disclosure.
The protection of Intellectual Property and Copyright, encourages the creative individuals to continue to innovate and develop solutions for complex problems.
Cyprus is the clear European leader on every aspect of its IP taxation regime, from the effective rate of tax, through the scope of assets covered, to the freedom from restrictions and limitations.
The General Court of the European Union recently upheld the decision of the Office of Harmonization for the Internal Market refusing protection of the word mark "RELY-ABLE".
The Court of Justice of the European Union has recently handed down its judgment on challenges brought by Italy and Spain against an EU Council decision of 10 March 2011 to authorise enhanced cooperation on the EU patent.
On 21 March 2013, Advocate General Kokott gave her opinion on a question sent to the Court of Justice of the European Union for a preliminary ruling on the "due cause" which may shield a third party from the accusation of illegitimate use of a reputable trade mark.
Of two long-debated IP initiatives, the one concerning centralization of Finnish IP disputes has reached its goal and the other one concerning EU wide patent protection has reached a remarkable milestone.
The EU General Court has issued a ruling in the so-called CITIGATE case that further specifies which kind of protection is afforded to trademark families.
The French Supreme Court reaffirmed that a company is allowed to use its competitor's trademark as a keyword in Google's paid referencing service AdWords.
In a ruling by the First Criminal Court, the Federal Court of Justice (BGH) put a definite end to what is known as the "self-importation model" in the import of pirate material.
According to two decisions of the Federal Court of Justice of 18.12.2012, the costs for the attorney at law participating in nullity proceedings are to be refunded under all circumstances where parallel infringement proceedings are pending.
After decades of protracted discussions and negotiations, Europe's patent law and patent court system are about to undergo their most radical shake-up since the foundation of the European Patent Organisation.
The recently-published "Flaschenträger" decision by the Tenth Senate of the Fede­ral Court of Justice, which deals with cases under the patent and utility model laws, looks at the amount of infringer's profit to be han­ded over.
Jose Luis Romanillos, Managing Director and Founder of Finsbury Image Rights (Guernsey), takes a closer look at Guernsey’s world-first image rights legislation.
David Evans of Collas Crill and Elaine Gray of Carey Olsen discuss the treatment of digital assets under Guernsey’s unique image rights legislation.
Intellectual property as an asset class has seen exponential growth in recent years, from the early dot.com days to the online explosion of social media and even virtual worlds such as Farmville.
Hungary’s new law on information security will plug a hole in existing legislation, but may prove to be excessive in addressing security issues.
Although the Trade Mark Clearing House is now open for registration of trade mark holders’ rights, the proposed 23 April date for the commencement of contracting with the first successfully examined gTLD applicants was not met and this process will now begin in June.
A new Trade Marks Act 2013 is expected to take effect shortly.
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The coming months are set to see the biggest ever shake-up of the internet domain name landscape.
This article is designed to provide a brief introduction to the requirements for licensing, importing, and introducing pharmaceutical products to the Turkish market.
With the adoption of two important regulations by the European Parliament and the EU Council and the signature of the Agreement on a Unified Patent Court by 25 EU member states, a single patent system for Europe will soon be reality
Few, if any, previous ".co.uk" complaints concerning non-commercial names have been considered by Nominet but a recent complaint by Wedlake Bell provided an opportunity for the Nominet Appeal Panel to consider the issues raised by such a complaint carefully.
The French Supreme Court reaffirmed that a company is allowed to use its competitor's trademark as a keyword in Google's paid referencing service AdWords.
Mr Justice Arnold recently delivered a detailed judgement in the Interflora v Marks and Spencer case on trade mark infringement as it relates to keyword advertising.
After decades of protracted discussions and negotiations, Europe's patent law and patent court system are about to undergo their most radical shake-up since the foundation of the European Patent Organisation.
The Turkish Ministry of Customs and Trade ("TMCA") has launched an online application system on its website.
A discussion which focuses on whether it is an infringement merely to view copyright material when browsing the internet.
The Supreme Court of Canada struck down Pfizer's blockbuster VIAGRA® patent on the basis of insufficient disclosure.
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