Comprehensive advice on industrial property, starting from the pursuit of industrial property demand until the litigation stage. After examining the possibility for the customer to file a trademark...
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Up-to-date news on the most relevant issues for the company
DO PERSONAL DATA PREVAIL OVER IPR HOLDERS’ INTEREST?
In a decision of 8 September 2010 the Swiss Supreme Court ruled that Logistep AG may not search peer-to-peer networks for copyright infringing files, register the IP addresses of the uploaders and foward them to the copyright owners, which then, based on the data, file criminal complaints against unknown (the prosecution, unlike private parties, can […]
THE ECJ REJECTS LEGO’S BRICK APPLICATION
The ECJ has, in Case C?48/09 P, ruled that the Lego brick cannot be registered as a trade mark because its shape is necessary to obtain a technical result. The most pertinent paragraphs of the decision read as follows. 45 First, the inclusion in Article 7(1) of Regulation No 40/94 of the prohibition on registration […]
ECJ RULES ON THE INDISCRIMINATE COMPENSATION LEVY
Court of Justice of the European Union (Case C?467/08). The Barcelona court asked the Court of Justice the following questions: ‘1. Does the concept of “fair compensation” in Article 5(2)(b) of Directive 2001/29/EC entail harmonisation, irrespective of the Member States’ right to choose the system of collection which they deem appropriate for the purposes of […]