Tuesday, 8 November 2016
The German Bundesgerichtshof changes its concept of parody following CJEU Deckmyn v. Vrijheidsfonds/ Vandersteen
Kluwer copyright blog gives a detailed update on the recent decision (Case C‑201/13) from the German civil court on parody. In this case the German court moved away from its restrictive approach to support instead a broad interpretation of the term “parody”.
China Ripe for Non-Practicing Entity Suits
We get a heads up from IP Finance on China’s increasingly attractive IP enforcement system following a Canadian non-practicing entity's (NPE) suit against Sony in Nanjing, China.
The Trade Secrets Directive – consistency of approach required, with or without Brexit
The JIPLP Editorial discusses the changes introduced by the new Trade Secrets Directive (Directive (EU) 2016/943). Rachel Montagnon considers the potential effects of Brexit on its implementation and argues in favour of a consistent approach to its interpretation and application.
The sound of music: Youtube and GEMA finally settle
YouTube and German collection society GEMA have finally reached a licensing agreement in a dispute that’s been on-going since 2009. The 1709 blog provides us with the full lowdown on the situation which means that German consumers will now be able to legally use YouTube for streaming music videos.
Battle of the -Cali marks in General Court
Marques Class 46 informs us on the recent General Court decision in Case T‑512/15, which upheld the decision of the Board of Appeal regarding the invalidity action.
Hyundai Files Grey Goods Suit in D Nevada
Over on Schwimmer Legal Trade Mark Blog Hyundai sues non-US companies importing Hyundai-brand parts, alleging that the parts are materially different from parts intended for the US market due to physical differences and warranty differences.
CJEU in Breyer: Dynamic IP addresses will (very?) often be personal data and German Law is too restrictive! Okay but how shall we care about voluntary and systematic retention of logs?
Peep Beep! updates us on another landmark judgment from the Court of Justice of the European Union (CJEU) in C‑582/14 Breyer v Bundesrepublik Deutschland concerning the proper characterisation of IP addresses and the compatibility of German national law with Article 7(f) of the Data Protection Directive.