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Intellectual Property (IP) Law

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A uniform system of protection of intellectual property rights, ranging from industrial property to copyright and related rights, constitutes the foundation for creativeness and innovation within the European Union. Respect of the basic principles of the internal market (the free movement of goods and services and free competition) is based on standardisation of intellectual property at European level. Protection of intellectual property is covered by many international conventions, most of which are implemented by the World Intellectual Property Organisation (WIPO) and the World Trade Organisation (WTO). The European Union possesses two important bodies to carry out its mission: the Office for Harmonisation in the Internal Market (OHIM), which is responsible for the registration of Community trade marks and designs, and the European Patent Office (EPO). The Commission is currently campaigning for the effective introduction of a Community patent system, which would be less costly and more legally effective, as a guarantee of competitiveness for European industry. Finally, the protection of these rights also entails protecting them against piracy, illegal trade and counterfeiting.
Extending a Community Trade Mark outside the EU by Ina Dimireva — last modified 31 January 2012, 00:46 CET
A Community Trade Mark (CTM) application or a registered CTM can be used as the basis to extend protection internationally via an International Registration (IR). This is governed by the Madrid Protocol system, which offers CTM owners/applicants the possibility to have their trade marks protected in several countries besides the EU member states by simply filing one application directly with their own national or regional trade mark office.
EU Court refuses trademark for chocolate rabbits by Leopold Gasteen — last modified 26 January 2011, 19:24 CET
Chocolate rabbits or reindeer with red ribbons around their neck cannot be registered as Community trademarks, the General Court has ruled, in response to recent claims by chocolate manufacturers.
Commission fined EUR 12m for copyright infringement by Leopold Gasteen — last modified 26 January 2011, 18:45 CET
In a peculiar case of non-contractual liability, the European Commission has been ordered to pay a total of EUR 12 million to Systran, a language translation software company, after the ECJ's General Court ruled that the Commission acted unlawfully.
Intellectual property rights - counterfeiting and piracy - Real FAKE competition - guide by EUbusiness — last modified 23 June 2010, 23:49 CET
Internal Market and Services Commissioner Michel Barnier and and Members of the European Parliament have awarded prizes to the winners of the "REAL Fake" competition for schools. The competition to design a logo for the European Observatory on Counterfeiting and Piracy or posters, short films, games and other materials about counterfeiting and piracy, was initiated by the European Parliament and by the European Commission. This competition was a first step in a larger public awareness campaign that is being launched by the European Union to make Europeans more aware of the dangers of counterfeit and pirated goods and their harmful effects on consumers and the economy. The winners were invited to a grand awards ceremony at the European Parliament, in Brussels.
Euro-MPs call for harmonisation of copyright at European level by Ina Dimireva — last modified 02 June 2010, 17:09 CET
As a response to the growth of unauthorised file sharing of copyrighted works, the European Parliament's Legal Affairs Committee agreed on Tuesday to urge the European Commission to introduce EU-wide copyright licences in order to combat the breach of intellectual property rights (IPR).
Levy on private copies may be imposed, says Advocate General by Leopold Gasteen — last modified 14 May 2010, 12:03 CET
In an opinion given on 11 May 2010, Advocate General Trstenjak ruled that a levy on private copies may be imposed on digital equipment, devices and media only where it may be presumed that they are to be used for private copying.
CASELEX:EU:2006:158 - European Court of Justice, European Union Intellectual Property Law by Caselex — last modified 22 April 2010, 16:49 CET
European Court of Justice, European Union Intellectual Property Law
EU responds to Internet consumers' fears over traffic monitoring by Ina Dimireva — last modified 22 April 2010, 23:35 CET
The negotiation parties of the Anti-Counterfeiting Trade Agreement (ACTA) today published the documents of the 8th round of negotiations held in Wellington on 12-16 April.
EU Court upholds French law over Dali's IP royalties by Leopold Gasteen — last modified 17 April 2010, 22:09 CET
The European Court of Justice has ruled against Spain in a legal dispute over claims to the IP royalties of Savaldor Dalí's artwork. In its ruling the ECJ upheld French law which entitles members of the painter's family the royalty payments from resale in France.
Publishers demand new cultural model and copyright protection by Ina Dimireva — last modified 13 April 2010, 23:57 CET
Publishers and experts participating in the first day of the European seminar "The digitisation of cultural materials" called for new legal and technological measures to protect authors' rights and to slow down the harmful effects of intellectual piracy.
CASELEX:EU:2000:5 - IP Law - protection of industrial and commercial property by Caselex — last modified 15 March 2010, 22:48 CET
A Member State failed to fulfil its obligations under Articles 30 of the EC Treaty (now, after amendment, Article 28 EC) when it detained presumably counterfeit goods under customs control on the pretext of protecting the registered design right and copyright of the goods. However, because intra-Community transit did not involve the use of the appearance of the goods’ protected design, the transit did not form part of the specific subject-matter of the protected rights of the goods.
CASELEX:EU:2009:120 - IP Law - Exhaustion of trade mark proprietor’s rights by Caselex — last modified 15 March 2010, 18:23 CET
This reference for a preliminary ruling was made by the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) (Netherlands) in proceedings between the applicants, Makro Zelfbedieningsgroothandel CV (‘Makro’), Metro Cash & Carry BV and Remo Zaandam BV, on the one hand, and the defendant, Diesel SpA (‘Diesel’), on the other hand, with regard to the marketing by Makro of shoes bearing a trade mark owned by Diesel, without Diesel’s express consent.