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27 February 2018

No Brexit talk between IP offices, Scooby Doo infringement and Syria establishes trademark court: news round-up

In the latest round-up, we look the latest IP case data from Saudi Arabia, the establishment of a trademark court in Syria, and warnings over counterfeit security certificates.

20 February 2018

“Cybercriminals could be the biggest fans of GDPR”: new warning over WHOIS policy

An industry expert warns that cybercriminals “anywhere in the world” could become fans of the European Union's GDPR legislation. For that reason, he urges stakeholders to be aware of the substance of the law's protections.

07 December 2017

ECJ’s Coty decision a major win for luxury brands but question marks remain for other sectors

The European Court of Justice handed down its much-anticipated Coty judgment this week, ruling that brand owners may restrict the online sales of their products through third-party platforms.

28 November 2017

Fighting fakes over the festive period: anti-counterfeiting activity steps up as shopping season begins

With Black Friday and Cyber Monday having kick-started the online shopping season, government agencies and associated organisations have stepped up their anti-counterfeiting messaging and enforcement efforts. 

08 November 2017

EUIPO publishes second study on online business models which infringe IP rights

The EUIPO has published the results of research into trademark infringing e-shops that utilise previously used domain names.

31 October 2017

As Marks & Clerk battles copycat site, new data uncovers prolific rise of Chinese filers at the UKIPO

World Trademark Review has learned of a prolific filer at the UK Intellectual Property Office, operating under the name Champion Intellectual Property Management, which has copied the website of Marks & Clerk.

24 October 2017

ICANN under pressure over GDPR preparations, as future of WHOIS is mired in uncertainty

ICANN has come under fire for excluding the full community in its exploration of the General Data Protection Regulation’s impact on the WHOIS system.

28 September 2017

Unpublished EU study casts doubt on displacement of sales by online infringement, but the reality is nuanced

The EU Commission has come under fire for failing to to publish a €360,000 study of the economic costs of piracy – the report was only released after a member of the European Parliament obtained a copy following a freedom of information request. The report suggests that piracy has little negative effect on sales of copyrighted material, although the findings are slightly more nuanced than that headline conclusion. While it does not directly address the consequences of trademark infringement, it will stir up debate about the economic costs of counterfeiting.

15 September 2017

Advocate General has its say on Coty’s effort to prevent third party online sales

Can luxury brands be permitted to prevent their own authorised resellers from selling products through online third-party platforms? A recent opinion from Advocate General Wahl has gone some way to answer that question by holding that suppliers of luxury goods may prohibit authorised retailers from selling their products on third-party platforms such as Amazon or eBay.

26 July 2017

Positive news for luxury brands as advocate general paves way for tighter control of online distribution

In an opinion on a case before the European Court of Justice, Advocate General Wahl has stated that a supplier of luxury goods may prohibit authorised retailers from selling its products on third-party platforms.

03 November 2016

ECJ decision on hyperlinks to illegal content after image leak

Posting a hyperlink to a website that contains copyright-protected content (eg, a film or a photo, a text) may infringe the copyright owner’s fundamental right. In GS Media v Sanoma Media, Playboy and Britt Dekker, the European Court of Justice has decided whether posting a hyperlink to illegal content constitutes a “communication to the public”.

08 September 2016

Hyperlinking decision “strikes a fair balance” but will create burden for some online businesses

The European Court of Justice has ruled that posting a hyperlink to works protected by copyright and published without the author’s consent does not automatically constitute a ‘communication to the public’, as long as the person posting the link does not seek financial gain and acts without knowledge that those works have been published illegally.

15 July 2016

EUIPO and Europol step up efforts against online infringement

The EU IP Office and Europol have joined forces to launch the IP Crime Coordinated Coalition, which will provide operational and technical support to law enforcement agencies. The move comes shortly after a new study revealed the diversity of business models being used by infringers online.

01 July 2016

Hyperlinking – the EU perspective on a challenging issue

The advocate general has published an opinion on hyperlinking which highlights not only how crucial the practice is to the functioning of the Internet, but also how challenging it can be to balance the interests of users and rights holders

24 May 2016

Did GS Media play ball with Playboy pics?

Advocate General Wathelet recently gave his opinion in GS Media v Sanoma that it is not copyright infringement to hyperlink to a website that has published unauthorised photos. This case preserves the proper functioning of the Internet but also presents difficulties for protecting online copyright.