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.
Using the trade mark of someone else to describe how your own products relate to the trademark products is allowed under certain circumstances. Recently, the law changed in this respect, leaving the application of some factors uncertain.
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...
The Italian Supreme Court of Cassation sez. I Civile, case n. 10300/20 (registered on May 29th), puts a hold on the proliferation of copyright protection and reasons that technical writings by lawyers - when functional to the provision of typical forensic services - cannot be protected. An attorney...
On 16 July 2020, the Court of Justice (Court) handed down its judgment on the long-anticipated Schrems II case. The saga began with Schrems I case, in which the Court ruled upon an Adequacy Decision, the EU-US Safe Harbour Decision, which aim was to facilitate the transfer of personal data to the...
A few weeks ago, I predicted on this blog that 16 July 2020 would be the most important day of the year, for privacy professionals, because of an expected judgment of the Grand Chamber of the Court of Justice of the European Union (CJEU). And I must say: the Court did not disappoint. 16 July has...
The ongoing COVID-19 pandemic is arguably one of the biggest crises of modern times. The conflict between the search for a vaccine, and the artificial scarcity created by patent law, has created a catch-22 situation. How will patent law apply to a vaccine under these circumstances?
Several pharmaceutical companies all around the world, including in the European Union (EU), have been racing to find a treatment for the virus. Since these may be subject to patent rights, government intervention may be needed.
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...
