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intellectual property

Tic-Tac prevails in dispute over MIK MAKI dragee container
In a judgment of 6 March 2019, the Court of Justice of the European Union gave its final ruling on a case surrounding invalidation of a community design presenting the box for MIK MAKI dragees. The invalidation was being sought by Ferrero SpA, claiming infringement of its registered figurative mark for Tic-Tac packaging.
Tic-Tac prevails in dispute over MIK MAKI dragee container
Specifying the type of trademark in a registration filing has far-reaching consequences
It has now been more than 18 years since Enercon GmbH, a manufacturer of wind turbines, applied to register a colour trademark with the EUIPO consisting of a pillar with stripes in varying shades of green and white. The ECJ issued a definitive judgment on the extent of the protection granted.
Specifying the type of trademark in a registration filing has far-reaching consequences
No supplementary protection for a new form of an active substance
In a judgment of 21 March 2019 (C-443/17) the CJEU reiterated the need for a precise and concise interpretation of the term “protected product” under Regulation (EC) 469/2009 concerning the supplementary protection certificate for medicinal products. The CJEU stressed that this term only applies to an active ingredient of a medicinal product, and not combination with other substances that do not have an independent therapeutic effect.
No supplementary protection for a new form of an active substance
Changes to trademark law from 16 March 2019
An amendment to the Industrial Property Law took effect on 16 March 2019, transposing into Polish law the Trademark Directive (2015/2436). The amendment is not revolutionary but will certainly have huge practical implications.
Changes to trademark law from 16 March 2019
Abolition of the graphical presentation requirement for national trademarks
One of the changes in the amendment of the Industrial Property Law is that there will no longer be a graphical presentation requirement for trademarks. From 16 March 2019, it is possible for trademarks to be presented in any form using generally available technology, provided that they are presented in a clear, precise, independent, understandable, durable, objective, and easily accessible manner.
Abolition of the graphical presentation requirement for national trademarks
Licensee as claimant: A significant new entitlement
A licensee’s right to bring a legal action in proceedings for infringement of a trademark was introduced by the amendment to the Industrial Property Law. So far, in the case of national trademarks, only an exclusive licensee entered in the register could pursue claims for trademark infringement on an equal footing with the proprietor. This has changed from 16 March 2019.
Licensee as claimant: A significant new entitlement
Trademarks in dictionaries and encyclopaedias
Can a trademark owner require the publisher of a dictionary to indicate alongside the colloquial definition of a word that the word is a registered trademark?
Trademarks in dictionaries and encyclopaedias
Liability of intermediaries for trademark infringement
The amendment to the Industrial Property Law in force since 16 March 2019 provides that a person whose services were used in an infringement is also liable for infringement of the protected right to a trademark. A trademark owner may demand that such a person refrain from infringing the trademark, turn over unjustly obtained benefits and repair the damage (where the infringement is culpable). Thus the new regulations introduce the intermediary’s own liability for trademark infringement.
Liability of intermediaries for trademark infringement
Amendments to the rules on transit of counterfeit goods
The amendment to the Industrial Property Law extended the rights of trademark proprietors. From 16 March 2019, on the basis of domestic regulations, they may prevent transit of counterfeit goods.
Amendments to the rules on transit of counterfeit goods
Combating counterfeit products – a blacklist of websites and physical marketplaces
On 7 December 2018 the European Commission released a watchlist of websites and physical marketplaces located outside of the European Union that have been identified as major sources of infringement of intellectual property rights.
Combating counterfeit products – a blacklist of websites and physical marketplaces
More and more disputes in the gaming industry
Andrzej Sapkowski’s demands for more money for copyrights to The Witcher is the tip of the iceberg. Changes in the gaming industry, like increased production costs and the dominance of digital distribution platforms, will give rise to an increasing number of disputes, in particular over intellectual property rights. What could trigger these disputes and how can they be prevented?
More and more disputes in the gaming industry
Another step towards to EU copyright reform
On 12 September 2018 the European Parliament approved a proposal for a copyright directive. For the directive to become law another vote has to be held, and this will be in 2019.
Another step towards to EU copyright reform