NEWS
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Judgment on the similarity of trademarks
In the judgment of the 27th of November 2024 in Case T-509/23, the General Court analysed the similarity between a graphic trade mark depicting a capital letter ‘V’ and the Giorgio Armani graphic trade mark depicting a stylised eagle with outspread wings. On the 29th...
Important CJEU judgment on reprographic fee
The reprography fee is a fee imposed on entities providing access to devices that enable the reproduction of works under permitted private use in order to compensate for the use of works. Such devices are mainly photocopiers, scanners or cassettes, i.e. devices that...
A 3D trade mark depicting an inhaler invalidated
In the judgment of the 13th of November 2024 in case T-524/23, the General Court dealt with a case concerning the invalidity of a 3D trade mark depicting an inhaler. The mark was applied for on the 16th of July 1999 by the German company Boehringer Ingelheim Pharma...
Study on the legal protection of trade secrets in the context of the data economy
Recently published study on the legal protection of trade secrets in the context of the data economy (GRO/SME/20/F/206), by the European Innovation Council and SMEs Executive Agency (European Commission), clearly shows that: while the significance of data sharing has...
Seminar: „Shades of Luxury in the Age of AI: Quiet, Sustainable, and Pioneering”
On November 7, 2024, Dr. Monika Żuraw will join the next edition of Luxury Brands Symposium titled "Shades of Luxury in the Age of AI: Quiet, Sustainable, and Pioneering," hosted by MARQUES, the European association representing brand owners’ interests since 1986....
Amendment to the Copyright Act
On the 20th of September 2024, an amendment to the Act of 4 February 1994 on Copyright and Related Rights (Copyright Act) entered into force, which brings the legislation in line the European law. The long-awaited amendment enters into force more than three years...
CJUE on the possibility of applying the material reciprocity test
By the judgment of October 24, 2024, in case C-227/23, the CJEU ruled that EU law precludes Members States from applying in their national law the material reciprocity test provided for in Article 2(7) of the Berne Convention in relation to a work of applied art for...
Important CJEU judgment regarding copyright infringement of computer programs
By the judgment of October 17 2024 r in Case C 159/23, the CJEU ruled that article 1 (1)-(3) of Directive 2009/24/WE of the European Parliament and of the Council on the legal protection of computer programs should be interpreted as meaning that: the protection...
Another unsuccessful application for a colour position trademark
The difficulty of registering single colours and/or their combinations as trademarks is well known in the EU. However, it is easier to register a position mark, i.e. a mark the protection of which covers the use of a colour on a specific element of a product. In the...
Pursuing claims for revealing information about infringement in Poland
The claim for has been introduced into the Polish legal system as a result of implementation of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. Initially, the regulation was...
SUMMER IP MEETINGS FOR LAW STUDENTS IN OUR GARDEN
Discover the Fascinating World of Intellectual Property Rights with Żuraw i Wspólnicy sp. k.! Are you a law student interested in intellectual property law? Do you want to learn about trademarks and their protection principles? Are you eager to explore...
CJEU Ruling Reinforces: Mere Knowledge of Existing Trade Marks Isn’t Enough to Prove Bad Faith Applications
In its judgment of 15 May 2024, in Case T-181/23, the CJEU dismissed the appeal against the decision of the EUIPO Board of Appeal and thus, the Court once again confirmed that the applicant’s mere knowledge of a third party's earlier trade mark shall not be sufficient...
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