intellectual property

Intellectual property after Brexit

The United Kingdom ceased to be a member of the European Union on 1 February 2020, and the transition period is drawing to an end on 31 December 2020. What will happen with intellectual property from 1 January 2021? How will trademarks, industrial designs, and patents be registered in the EU and the UK? Will the territorial scope of protection of existing rights change? What about .eu domains held by individuals and companies based in the UK? The changes will impact the operation of businesses currently benefitting from rights awarded across the EU. Now they must adapt to the changes and comply with new obligations.

Data and copyright

Is copyright a path to take to protect data? Can data be regarded as a result of creativity and, consequently, a protected work? Does the protection of a data filing system also include the data collected in it?

Testarossa: The ins and outs of genuine use of a trademark

Does the sale of replacement parts and accessories for Testarossa cars and used Testarossas qualify as genuine use of the Testarossa trademark? If so, is the mark used only for high-priced luxury sports cars, or for the whole category of cars?

The shape of Ritter Sport, and other chocolate disputes

On 23 July 2020, the ten-year dispute over the square packaging of Ritter Sport chocolate ended. The proceedings were held in Germany, but the decision may provide guidance to courts of other states on how to interpret the notion that shape can add significant value to a product.

Protection of video games: Industrial design, patent, or trade secret?

When the concept for a video game takes shape, and an unprotected idea becomes a protected form of expression, the developer can consider how best to protect the game or elements of the game against copying by competitors. When thinking about legal protection of a video game, it is natural to refer to copyright law. But that is not the only potential source of protection. It is worth examining whether and to what extent elements of the game can be protected through industrial designs, patents, or perhaps trade secrets.

What will YouTube not tell you about an intellectual property infringer?

For years, film distributors have been fighting against illegal sharing of movies on the internet. The enforcement of rights before the courts is hampered in particular by the functioning of the platforms on which the films are posted, including the users’ relative anonymity. In a recent judgment, the Court of Justice of the European Union held that YouTube and Google are not obliged to turn over data to holders of IP rights allowing them to identify users who have infringed their rights. Which data? More below.