HIRING OUT CARS WITH RADIOS IS NOT A “COMMUNICATION TO THE PUBLIC”

The CJEU held that the hiring out of motor vehicles equipped with radio receivers did not constitute a “communication to the public” within the meaning of Art 3(1) of the Directive 2001/29/EC (the “InfoSoc Directive“). The decision in Föreningen Svenska Tonsättares Internationella Musikbyrå u.p.a. (Stim) and Svenska artisters och musikers intresseorganisation ek. för. (SAMI) v … Read more

COVID-19: Pressure Points: Supply Chain Difficulties – new global guide, including IP, advertising and collaboration issues

Herbert Smith Freehills has published a new global guide on supply chain difficulties arising from the COVID-19 pandemic and associated restrictions and solutions. Supply chain difficulties are at the heart of the pressures facing businesses during the COVID-19 pandemic. In our latest guide we look at supply chain pressure points and what is being and … Read more

COVID-19: Pressure Points: A Catalyst for Collaboration (Global)

As COVID-19 infiltrates every aspect of our daily lives and the world races to respond and to address the pandemic, there is a consistent theme which offers all of us hope. Collaboration. To combat the outbreak, we have seen the emergence of large numbers of companies joining to pool their resources and to cross-share their valuable know-how. Read more

CJEU finds Amazon not liable for direct infringement by unwittingly stocking infringing goods being sold through its website

In a decision published today, the Court of Justice of the European Union has found that Amazon is not liable for unwittingly stocking trade mark infringing goods by third-party sellers (Coty v Amazon C-567/18). The decision means a rejection of the concept of extending liability of platforms, such as Amazon, for direct trade mark infringement … Read more

European Commission strategy for data and AI: Shaping a digital future

On 19 February 2020, the European Commission (the Commission) published three policy papers as part of its strategy to shape Europe's digital future: a white paper on artificial intelligence (AI) (the white paper); a communication on a European strategy for data (the data strategy communication); and a communication on shaping Europe's digital future (the digital future communication).  Read more

Update on IP rights in the UK during the Brexit transition period and beyond

The UK has left the EU, but for IP rights in the UK everything is very much the same for the duration of the transition period (currently ending at 23.00 on 31 December 2020) during which the UK continues to be treated as part of the EU from the point of view of EU legislation. At the end of transition, the UK Government will provide replacement rights for what were previously EU-wide rights that were current at the end of transition, but all is not as straightforward as that might sound. Read more