Current US and EU secondary liability standards do not address all factors to trigger liability. This influences legislation and case law, setting an uncertain secondary liability outcome of IP infringement cases against Internet Intermediaries’. I suggest that tort law can tackle this problem.
In a recent judgment, the CJEU determined that the geographical indication Aceto Balsamico di Modena is only protected as a whole. This means that the non-geographical components ‘Aceto’ and ‘Balsamico’ are not protected individually.
Only 10 out of the 24 official EU language translations correctly transpose Article 17 of the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market. These apparent errors mandate urgent action by the European Commission and the EU Member States.
After the initial relief that followed upon reaching a Trade and Cooperation Agreement between the European Union and the United Kingdom on Christmas Eve, we slowly see how this treaty is going to affect the tax domain. In this blog I will briefly focus on the area of fiscal state aid, i.e. the...
The European Union Intellectual Property Office (EUIPO), just like many other IP offices in the world, has recently seen an incredible spike in Covid-19 related Trade Mark applications. This blog presents EUIPO’s approach in examining trade mark filings that relate directly or indirectly to, or in...
Schumacker is one of the most important cases in EU tax law. It opened the door to many more legal proceedings before the CJEU that tested the limits the Member States’ tax sovereignty against the force of EU law.
There has been much brouhaha about equalization levies in the context of the digital economy. One of the hotly debated issues is whether such levies are covered by tax treaties at all. In this post, I should like to reflect over this issue as objectively as possible. I shall not, however, delve into...
In a little more than one week we saw a series of judgements and a European Commission decision that may again test the limits of the European Union's state aid system in its application to matters of direct taxation.
Unlike other sectors, improvements in Genetic technology raise issues of morality. The new human gene editing technology CRISPR/CAS9 has raised many such concerns. Can the current patent system deal with these concerns or should morality be dealt with by the inventors themselves?
The need to guarantee the free flow of information in a Big Data economy forces us to re-think Intellectual Property Rights and find an appropriate balance between competition, innovation, privacy and incentives.
