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Results: 1-10 of 32

CJEU rules on copyright protection of photographic portraits
  • McDermott Will & Emery
  • European Union
  • February 29 2012

In Case C-14510 Eva-Maria Painer v Standard Verlags GmbH 1 December 2011, the Court of Justice of the European Union (CJEU) held that portrait photographs enjoy the same copyright protection as any other work


Codorniu Napa Inc v OHIM: figurative marks, wine and likelihood of confusion
  • McDermott Will & Emery
  • European Union
  • January 25 2011

In Codorniu Napa Inc v the Office for Harmonization in the Internal Market (OHIM) T-3508 23 November 2010 (unreported


Is a trade mark infringed by failure to identify the repackager of a parallel import?
  • McDermott Will & Emery
  • Denmark, European Union
  • November 29 2011

In Orifarm AS and Paranova Danmark AS v Merck Sharp & Dohme Corp joined cases C-40009 and C-20710 28 July 2011 (unreported), the Supreme Court in Denmark sought clarification as to the applicability of the exhaustion of rights principle in relation to parallel imports


The European General Court decides only visible parts determine overall impression
  • McDermott Will & Emery
  • European Union
  • November 3 2011

In Kwang Yang Motor Co Ltd v OHIM Cases T-1008 and T- 1108 9 September 2011 (unreported) the European General Court (GC) held that a design that constituted a component part of a complex product could only be considered to have individual character if the component part remained visible during normal use and fulfilled the requirements as to novelty and individual character


EU enhances copyright protection for sound recordings and songs
  • McDermott Will & Emery
  • European Union
  • November 3 2011

On 12 September 2011, Directive 2011 77 EU, amending Directive 2006 116 EC on the term of protection of copyright and certain related rights (the Directive) was adopted


Privacy and the cloud: an EU perspective
  • McDermott Will & Emery
  • European Union
  • February 29 2012

By using cloud computing, companies cut costs by outsourcing data storage tasks, which means they no longer have to maintain expensive servers


Article 29 Working Party opinion on applicable law: clarifying the scope of application of the Data Protection Directive
  • McDermott Will & Emery
  • European Union
  • February 28 2011

The Article 29 Working Partythe European advisory body on data protection and privacyhas adopted an Opinion on applicable law (WP 179) aimed at clarifying the scope of application of the Data Protection Directive (9546EC


Bezpečnostni softwarová asociace-Svaz softwarové ochrany v Ministerstvo kultury: copyright in a graphic user interface
  • McDermott Will & Emery
  • European Union, Czech Republic
  • February 28 2011

The European Court of Justice has ruled that the graphic user interface (GUI) of a computer program is not protectable under the Software Directive (91250EC) but may be a copyright work in itself


European Commission proposal for enhanced cooperation in unitary patent protection
  • McDermott Will & Emery
  • European Union
  • February 28 2011

Twelve EU Member States have addressed a formal request to the European Commission indicating that they wish to establish a limited unitary patent between themselves


Further CJEU guidance on keyword advertising and trade mark infringement
  • McDermott Will & Emery
  • European Union, United Kingdom
  • November 3 2011

In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement