In this September update our IP team members highlight key recent issues.
Intellectual Property Update - September 2018
- Reposting: Is it copyright infringement?
- Patent licensing - a recent High Court case highlights the limits of the exclusive jurisdiction and law clause
- Individual was employee despite contract for services and intermediary personal service company
- Can an online rental and registration service for IP addresses rely on safe harbours?
- European trade marks - Court of Justice raises the bar for distinctiveness based on use
- IP in a no-deal Brexit
On 7 August 2018 the Court of Justice of the European Union (CJEU) confirmed that the reposting online of a photograph from another website, without the copyright owner’s consent, constitutes an infringement. This will be the case even if there were no... Read more
Where a patent licence covers more than one country the royalty clause may provide for royalties to be paid for each country according to whether the licensed product would infringe the licensed patent(s) in that country. This reflects the fact that patents... Read more
In Sprint Electric Ltd v Buyer’s Dream & Another the High Court held that an individual was an employee rather than an independent contractor. This conclusion was reached despite the fact that the individual provided services to the company under... Read more
In a reference originating in Estonia the CJEU has held that the exemptions from liability in the eCommerce Directive (2000/31) in respect of ‘mere conduit’, ‘caching’ and ‘hosting’ may, in principle, be relied on by... Read more
A ruling by the European Court of Justice (CJEU) in July 2018 confirmed that applicants trying to obtain an EU trade mark (EUTM) based on use must prove distinctiveness in every Member State. The ruling arose in connection with Nestlé’s four... Read more
As the possibility of a ‘no deal’ Brexit continues to dominate the headlines, IP owners are increasingly focusing on contingency planning. ‘No deal’ means that the UK would leave the EU at 11pm GMT on 29 March 2019 without a... Read more