To get photos of celebrities, paparazzi photographers wait for their targets to end up in the frame. They believe that the minute they released the shutter, the pictures are copyright protected. They don’t know that they might (un)knowingly or (un)intentionally breach someone’s right to privacy.
The rise of e-commerce has resulted in a sharp increase of counterfeit products in the market. The new US Shop Safe Bill introduces liability for online marketplaces, but only in case of counterfeit products that are risky for consumers, which makes this bill a preventive health measure for...
While at first glance this may seem like a chance to strike when the iron is hot, registering ‘Covid’ or ‘CoronaVirus’ as a trade mark faces several hurdles and rightly so: the trade mark may not be distinctive and will be considered immoral.
Trademark squatting has been a serious issue in China now, especially for foreign companies planning to enter the Chinese market. On November 4th 2019, Beijing Municipal High People's Court issued a second-instance judgment on the “MUJI trademark infringement case”, which rejected the appeal brought...
The grant of gene patents has been a highly contentious issue in the EU and US for many years. A new bill in the US proposes to lift the currently banned subject matter, with potentially severe effects.
Last November, the European Commission (EC) sent the Netherlands an advice stating that the Netherlands should amend its tax rules. The Dutch tax rules prevent that pension accrued in the Netherlands can be transferred when you move abroad. The so-called cross-border value transfer of pensions...
On February 1st, the UK has left the EU. This (has had or) will inevitably have an impact on unitary IP rights at EU level. Unitary IP rights such as the Community Plant Variety Right will no longer be valid after the transition period in the UK. What does this mean for holders of a Community Plant...
The Court of the European Union (CJEU), in case T-683/19 (European Union Court, Seventh Section, judgment of 12 December 2019) confirmed the decision by the European Union Intellectual Property Office (EUIPO): a trade mark for a sign that makes an explicit reference to marijuana ought to be rejected...
Is the design of a pair of jeans a matter of industrial property under design law, or should it also be considered as a ‘work of artistic creation’ under copyright?
The protection of ‘offensive’, ‘scandalous’ and ‘immoral’ trademarks has been a subject of hot debate time and time again. To say that opinions on the matter are divided would be a great understatement. The US Supreme Court took a stance in its recent judgment on the protection of an ‘immoral’...
