• Europe

• Intellectual property - Briefing notes

05-08-2015

Austria

News on domain names

In this case two private trusts claimed for injunctive relief and removal against the defendant based on their community trade mark and the corresponding family name of the second trust.

Read the whole "Community trademarks" article here

Belgium

Does a message on a Facebook wall constitute a copyright infringement?

The Belgian Cour de Cassation (i.e. the Belgian Supreme Court) was asked to rule on the question whether the Brussels Court of Appeal (Criminal Division) could have lawfully decided that making available a link providing access to the full content of a copyright protected work by means of a message on a Facebook wall constitutes a copyright infringement.

Read the whole "Copyright infringement" article here

France

Alleged copyright infringement, unfair competition, and free riding.

In the case we are dealing with here, Mr Philippe Cassegrain, a bag designer, and Longchamp, the company in charge of marketing the bag, had taken legal action against two companies, Günther Andersen and Vivadia, for alleged copyright infringement, unfair competition, and free riding.

Read the whole "Copyright infringement" article here

Germany

German Federal Supreme Court - “Framing” does not infringe copyright if content was authorised on the source.

Following CJEU decision BestWater (C-348/13), the German Federal Supreme Court on 9 July 2015 (I ZR 46/12) ruled again on BestWater and decided that framing of copyrighted third party content does not constitute a copyright infringement in situations when the content originally was uploaded with consent of the right holder of the content.

Read the whole "Framing" article here

Latvia

New law on industrial property institutions and procedures.

The initiative for the new law arise more than five years ago, and was partly related to the recognition that the existing administrative procedure is not the most appropriate or effective for the resolution of disputes related to oppositions to the registration of new industrial property rights based on earlier rights and third parties’ objections.

Read the whole "New law" article here

Poland

Polish Constitutional Tribunal changes the rules for claiming copyright infringement damages.

Less than a month ago there was an uproar in Polish copyright law due to the Polish Constitutional Tribunal’s judgment of 23 June 2015 (Case SK 32/14). In that ruling, based on a constitutional complaint by digital TV operator UPC, the Tribunal declared Art. 79(1)(3)(b) of the Polish Act on Copyright and Related Rights unconstitutional.

Read the whole "Constitutional Tribunal" article here