Copyright (and related rights), Designs and Databases

JAPAN-EU FREE TRADE AGREEMENT NOW IN FORCE

The Japan-EU Economic Partnership Agreement, the largest free-trade agreement between Japan and the EU (aka Japan-EU Free Trade Agreement or JEFTA) entered into force on 1 February. JEFTA eliminates most custom duties and trade barriers between Japan and the EU … Continue reading

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Filed under Confidential information and trade secrets, Consumer, Copyright (and related rights), Designs and Databases, EU, France, IP licensing and transactions, Italy, Trade marks, Passing off, Geographical indications, PDOs, UK

Herbert Smith Freehills’ Brexit Legal Guide updated – comparison of IP and pharma provisions in the draft Withdrawal Agreement versus the No Deal provisions promised by the UK Government

See the updated IP section of the revised Herbert Smith Freehills Brexit Legal Guide which reviews the IP and pharma elements of the draft Withdrawal Agreement endorsed by the EU Council on 25 November 2018 and the no deal provisions as … Continue reading

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Filed under Agribio, Consumer, Copyright (and related rights), Designs and Databases, EU, IP licensing and transactions, Media and Advertising, Patents and SPCs, Pharma, Trade marks, Passing off, Geographical indications, PDOs, UK

Draft Withdrawal Agreement Approved by UK Cabinet – IP and Marketing Authorisation Provisions Summarised

As was widely reported yesterday evening, the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the Draft Withdrawal Agreement (14 November 2018)), detailing the arrangements … Continue reading

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Filed under Agribio, Consumer, Copyright (and related rights), Designs and Databases, EU, IP licensing and transactions, Media and Advertising, Patents and SPCs, Pharma, Trade marks, Passing off, Geographical indications, PDOs, UK, Uncategorized

Brexit “no deal” technical notices published on Patents, Trade marks, Designs, Copyright, GIs, and Exhaustion of rights

The latest tranche of “no deal” technical notices was released yesterday afternoon by the UK Government. Amongst them are several notices that highlight the Brexit issues faced by intellectual property right owners and, in some cases, confirm the Government’s approach to resolving them. The … Continue reading

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Filed under Agribio, Consumer, Copyright (and related rights), Designs and Databases, EU, France, Italy, Media and Advertising, Patents and SPCs, Pharma, Trade marks, Passing off, Geographical indications, PDOs, UK

EU Digital Copyright Directive – European Parliament adopts amended text

In the second reading of the Digital Copyright Directive by the European Parliament on 12 September 2018, the controversial Articles 11 and 13 were adopted but with amendments. These articles provide for: a specific right of digital reproduction for the press in relation to … Continue reading

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Filed under Copyright (and related rights), Designs and Databases, EU, France, Italy, Media and Advertising, UK

HSF Legal Guide to Brexit – an update on provision for intellectual property rights

IP rights which are designated as applying across the EU (EU trade marks, Community plant variety rights, Community registered designs and Community unregistered designs) and those, qualification for which involves activity within the EU (such as database rights), are all … Continue reading

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Filed under Consumer, Copyright (and related rights), Designs and Databases, EU, Patents and SPCs, Pharma, Trade marks, Passing off, Geographical indications, PDOs, UK

THE TASTE OF FOODS CANNOT BE PROTECTED BY COPYRIGHT, SAYS THE AG

On 25 July 2018, Advocate General Wathelet issued his opinion in an interesting case pending before the Court of Justice of the EU (CJEU) (C-310/17) concerning copyright over the taste of a food product. The AG took the view that … Continue reading

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Filed under Consumer, Copyright (and related rights), Designs and Databases, EU, France, Italy, UK

Intellectual Property and Cyber Security issues considered in UK Government White Paper on the future UK-EU relationship

The UK Government’s White Paper detailing its proposal for the future relationship between the UK and the EU (published on 12 July 2018) includes a limited number of proposals relating to intellectual property and cyber security as follows: The UK … Continue reading

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Filed under Consumer, Copyright (and related rights), Designs and Databases, EU, Patents and SPCs, Pharma, Trade marks, Passing off, Geographical indications, PDOs, UK

Trade Secrets – added protection in force

The Trade Secrets (Enforcement, etc.) Regulations 2018 (the “Regulations”) came into force on 9 June 2018 and transpose Directive (EU) 2016/943 (the “Directive”) into UK law. Summary: The aim of the Directive is to create a level playing field by … Continue reading

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Filed under Confidential information and trade secrets, Consumer, Copyright (and related rights), Designs and Databases, Media and Advertising, UK

UKSC judgment in Cartier – who pays for website blocking orders?

In a blow for rights-holders, the UK Supreme Court (UKSC) has today decided that ISPs should not bear the implementation costs for website blocking orders in Cartier International AG and others v British Telecommunications Plc and another [2018] UKSC 28.   … Continue reading

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Filed under Consumer, Copyright (and related rights), Designs and Databases, Media and Advertising, Trade marks, Passing off, Geographical indications, PDOs, UK