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Proposal for a Regulation on Artificial Intelligence (AI ACT)
Proposal for a Regulation on Artificial Intelligence (AI ACT) The Explanatory Memorandum of the proposal for the AI ACT indicates that the main objective of the document is to ensure safe development of artificial intelligence and to minimise the risk of misuse of AI...
Artificial intelligence – what is it?
What is artificial intelligence - background information Artificial intelligence (AI) is a fast-growing group of technologies with the potential to deliver a wide variety of socio-economic benefits across all industries and areas of social activity. It is the ability...
CJEU deals with the scope of counterclaim under Polish law
The CJEU determined that a counterclaim for cancellation of a right to an EU trademark raised in a case for infringement case may concern the entirety of the rights that the owner of that trademark derives from the registration. Thus, a counterclaim is not limited in...
Copyright and satellite television
The provider of satellite television broadcasting services must obtain permission from copyright holders to distribute works. The problem arises when the provider of such services is based in a different country from the recipients of its channels. A similar case was...
CJEU: requirement of unanimous decision of co-owners for licensing depends on national law
In a judgment dated April 27, 2023 (ref. C-686/21), the CJEU considered a preliminary question from an Italian court, which wondered whether, under EU law, the unanimity of co-owners of a trademark is necessary for the granting of a license. The Court ruled that this...
CJEU confirms that information claim does not require proving
In the judgment of April 27, 2023 (ref. C-628/21), the CJEU, in reply to the request for a preliminary ruling from a Polish intellectual property court (District Court in Warsaw), ruled on the information claim referred to in Article 8(1) of the Enforcement Directive...
About music on public transport in the context of EU law
There is no doubt that travelling with the accompanying sound of music is more enjoyable than travelling in silence. However, one should keep in mind that dissemination of musical works on public transport should respect the relevant copyrights. In joined cases...
CJEU declares provision on compensation for infringement of plant variety rights invalid
By judgment of 16 March 2023 (ref. C-522/21), the CJEU declared invalid Article 18(2) of Commission Regulation (EC) No 1768/95 of 24 July 1995 establishing implementing rules on the agricultural exemption provided for in Article 14(3) of Council Regulation (EC) No...
Polish Patent Office invalidated the 3D trade mark of Tic Tac box!
In Poland, the transparent Tic Tac box is one of the most recognizable packaging for candies among young and adult consumers. Despite this, the Polish Patent Office ruled on February 23, 2023, that it lacks distinctiveness and invalidated two trademarks of Ferrero...
CJEU: When assessing the technical function of an industrial design, all circumstances must be taken into account, including the existence of alternative designs
Pursuant to Article 8(1) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs, a Community design shall not include features of appearance of a product which result solely from its technical function. Thus, it is of utmost importance to...
CJEU on the visibility of parts of an industrial design
Article 4(2) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs provides that a design which constitutes a component part of a complex product shall be considered new and shall have individual character if the component part...
Not easy to register a slogan as a trademark
In the recent judgment the General Court decided that the word sign OTHER COMPANIES DO SOFTWARE WE DO SUPPORT is devoid of distinctive character for services relating to computer software. The General Court has confirmed that it is incorrect to apply to marks...
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