Monday, 23 January 2017
"Lower courts can give fresh insight into the adjudication taking place at the highest national and European courts" -- Geert Lokhorst brings his insights on the "new food for thought on the meaning of placing a hyperlink 'for profit'" which was created by the German and Dutch courts on the recent GS Media case.
Brad Spitz's writes a recap of the different approaches that the ECJ and the French courts took with regard to "out-of-print" books -- after the ECJ's ruling, the French legislation therefore must be corrected so that each author is actually informed beforehand and can oppose the digital exploitation of his work without further formalities.
“There will be no gold clocks for retirees from EUIPO practice” -- UK practitioner Barbara Cookson says her concerns in the post-Brexit era: "(we) will shortly find careers as EUIPO representatives ended as a result of Brexit. I understand that some continue to hope that our businesses will be saved but while that would be welcome, it isn't to be expected within the complexities of the negotiation that must deliver a departure to which we are unlikely to be able to attach conditions. Concessions may come later as they did for
Swiss Norwegian and Icelandic representatives."
* More than 700 key enforcement judgments from 16 EU Member States are now available online in EUIPO’s eSearch Case Law database. The decisions collected, which have set new trends in case-law, include all types of IP rights -- including trade mark rights -- and cover both civil and criminal proceedings. See further information here.
* New Turkish IP Code: what it means for designs
Mutlu Yıldırım Köse (Gün + Partners) summarizes the notable updates for designs in the New Turkish Industrial Property Code which entered into force on January 10, 2017.
* Designs 2017: Global Guide now available
The publishers of the World Trademark Review have issued their subscribers with Designs 2017: A Global Guide. While its objective is undeniably promotional, its contributors include many 'household names' in the field of design and IP practice, and it enjoys the advantages of being slim and attractively presented. Further details can be found here.
* DesignClass news: CP7 reaches completion
From EUIPO's User Association newsletter comes welcome news of DesignClass. Phase II of this valuable and useful project went live this month, marking the finalisation of the CP7–Harmonisation of Product Indications convergence project. The objective is to make available a harmonised database of product indications and a common classification tool for designs.