Region: Europe

Supreme Court recognises need for legal certainty in assignment of IP rights

This decision of the Slovenian Supreme Court constitutes a crucial step towards legal certainty, clarifying the circumstances in which an assignment declaration or consent for transfer of an IP right will be considered valid.

19 November 2021

Frida Kahlo: portrait of a woman

In these opposition proceedings before the EUIPO, Mexican artist Frida Kahlo’s unique image was deemed - somewhat surprisingly - as simply representing a portrait of a woman.

18 November 2021

United Kingdom begins work on new post-Brexit exhaustion regime

As rights holders wait for an official response to the government’s consultation on the future of the United Kingdom’s exhaustion regime, a close analysis of the current situation offers valuable insight into this fraught area.

18 November 2021

Supreme Court sheds light on influencer advertising ahead of new Unfair Competition Act

The German Federal Supreme Court has handed down three parallel decisions on social-media influencers using their Instagram pages to advertise third-party products. The decisions are likely to be applicable even after issue-related amendments to the Unfair Competition Act come into force in May 2022.

18 November 2021

Board of Appeal annuls refusal to register position marks for taxi services

The Board of Appeal has annulled decisions of the Estonian Patent Office refusing to register position marks consisting of a black checkerboard device on a yellow oval background placed on the front door of a taxi car.

17 November 2021

Amazon to extend Black Business Accelerator; combatting mental health stigma; a musical message – INTA 2021 report

WTR presents highlights and observations from the first two days of the 2021 INTA Annual Meeting.

17 November 2021

General Court confirms likelihood of confusion between SYNDICATE marks

The General Court held that the consumers concerned would assume - or were liable to assume - that the mark RACING SYNDICATE was merely a special product line covered by the earlier mark SYNDICATE.

16 November 2021

Bad news for Deckers as court issues decision in UGG boots case

This decision of the Serbian Commercial Court illustrates the importance of registering designs in order to be able to claim infringement.

16 November 2021

New IP office standards body set to launch in effort to combat stark digital disparities

The International Intellectual Property Standards Group will launch in the coming months with the aim of advocating for improved standardisation at IP offices, WTR can reveal.

12 November 2021

CJEU: partial designs may be protected as unregistered Community designs

This judgment of the Court of Justice of the European Union is welcome in that it rejects the additional criteria that the German courts had tried to impose on design protection for parts of products.

12 November 2021

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