In a bid for complete transparency, this past 28 February 2018 the Commission, in phase 2 of the negotiating process, made public its Draft Withdrawal Agreement for the countries of the European Union, setting out its proposals for solutions to the inevitable consequences Brexit will bring. Title IV of the Draft deals with Intellectual Property rights, including […]
In its recent judgment C-395/16 of 8 March 2018, DOCERAM vs. CeramTec, the Court of Justice addressed the controversial issue of the bar against registering a shape dictated solely by its technical function as a Community design. Article 8(1) of Council Regulation (EC) No. 6/2002 of 12 December 2001 on Community Designs (CDR) sets out […]
On March 1, 2018, the OECD published the report “Governance Frameworks to Counter Illicit Trade”. In this report, the OECD has introduced a new phase in its efforts to help countries fight against piracy and to protect the market, consumers and businesses. The reasons for these increased efforts are, among others, inconsistent penalties, lack of […]
The Republic of Honduras in Central America is somewhat unusual in its approach to certain aspects of trademark protection. Article 106 of the country’s Industrial Property Act provides for an optional means of protection for owners who have failed to make use of their trademarks, enabling them to safeguard their marks from the risk of […]
The Barcelona Commercial Courts have published a report on the outcome of the Protocol that had been put in place during the MWC, which was held in Barcelona between 26 February and 1 March. ELZABURU has direct experience of the incidents concerned and can offer a first-hand account of the risks and opportunities that they […]
Negotiations between the European Commission and the United Kingdom concerning Intellectual Property rights are now getting under way in this second phase. The negotiations are to conclude in Autumn 2018 so that the Withdrawal Agreement can be approved by 29 March 2019. Thus, a transitional period would begin on 30 March 2019 and would be […]
The dissemination of illegal content online damages citizens’ confidence in the Internet and could pose security threats. Although progress has been made in Europe as regards citizens’ protection online, platforms need to double their efforts to remove illegal content from the Internet more swiftly and effectively. Voluntary measures taken by the sector, as encouraged by […]
As if it had ever been out of the spotlight in recent times, Iraq is once again in the international news: for the first time since the commencement of the war against ISIS, the United States has started to withdraw troops from the country. I have paused for a moment over this piece of news, which […]
Time period commences for stakeholders to report infringing marketplaces to be included in future European Counterfeit and Piracy Watch-List Based on a similar initiative in the US, where a list of infringing markets has been drawn up, the European Commission has just launched a consultation that it will use to draw up a list of […]
The judgment passed by the Court of Justice of the European Union on 23 November 2017 in case C-381/16 (ECLI:EU:C:2017:889) holds that ownership of an EU trademark registration may be claimed in the courts on the grounds provided for in Article 2.2 of the Spanish Trademark Act, provided that the proprietor is domiciled in Spain. […]
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