National copyright decisions round-up 2019 for the Journal of Intellectual Property Law & Practice

In 2019, national courts in individual EU Member States and in Australia delivered a series of important rulings in the copyright field. This contribution provides a round-up of the most significant judgments issued in the period 1 January—–31 December 2019.

14 April 2020

Patents: issue estoppel and abuse of process

The Patents Court has applied issue estoppel and abuse of process principles to a claim challenging the validity of a divisional patent, where the parent patent had previously been held to be invalid.

07 April 2020

Trade marks: infringement of figurative mark through unfair advantage

The High Court has held that figurative trade marks registered for non-alcoholic drinks were infringed by the taking of an unfair advantage by the application of similar figurative signs to energy drink products that had been imported into, and sold in, the ...

07 April 2020

CJEU decision in Coty – Storage of infringing goods by Amazon on behalf of third parties for the Amazon-Marketplace does not constitute a trade mark infringement by Amazon

Today’s CJEU decision in Coty Germany GmbH v Amazon (C-567/18) falls in line with the previous German decisions: A company storing goods on behalf of a third-party seller without awareness that said goods infringe third-party trade mark rights does not itself ...

02 April 2020

Copyright: fabric as work of artistic craftsmanship

The Intellectual Property Enterprise Court (IPEC) has held that a fabric design infringed copyright in a fabric as a work of artistic craftsmanship.

02 March 2020