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European Parliament calls for European Commission to look into creating EU-wide harmonised copyright laws

8 October 2010 | Paul Gershlick

The European Parliament has passed a resolution that calls for the European Commission to consider creating a single unified copyright law across the European Union. It says that the current law is not...

Tags on this discussion: copyright copyright infringement EU EU law Europe European Commission European Parliament European Union harmonise Intellectual property intellectual property rights IP Online piracy trade mark trade mark directive trade marks trademark web site web sites Website

Envelope cartel investigation signed, sealed but far from delivered

6 October 2010 | Paul Gershlick

The European Commission has conducted unannounced raids on envelope manufacturers in France, Spain, Denmark and Sweden. The Commission has been suspicious that the companies involved have operated a cartel...

Tags on this discussion: anti-competition anti-competitive Article 101 Article 81 cartel Chapter I Prohibition commercial commercial agreement Commercial contract commercial contracts commercial law competition Competition Act competition law EC Treaty EU EU law European Commission European Union price price fixing TFEU Treaty on the Functioning of the European Union

Spanish court confirms YouTube not liable for copyright infringement in uploaded material

6 October 2010 | Mark Weston

A Spanish court has confirmed that YouTube is not liable for the infringement of copyright in videos uploaded by users. The user generated content site service provider only becomes liable if it fails...

Tags on this discussion: copyright copyright infringement e-commerce E-Commerce Directive E-Commerce Regulations electronic commerce (EC directive) regulations Electronic Commerce Directive EU Directive EU law European Union information society service information society service provider infringement Intellectual property intellectual property rights IP Online online content take-down UGC user-generated content web site web sites Website website content

Trade mark registration attempt for Lego bricks ends in tiny pieces – Lego v OHIM, European Court of Justice

5 October 2010 | Paul Gershlick

Lego has lost a 14 year battle to register the shape of its toy pieces as trade marks. This does not affect its ability to register its name – just the shape. Distinctive shapes are registrable as trade...

Tags on this discussion: brand brand protection branding brands CJEU Court of Justice of European Union Court of Justice of the European Union design distinctive EU EU law European Court of Justice European Union Intellectual property intellectual property rights IP patent Patents shape trade mark trade mark directive trade marks Trade Marks Act trademark

BIS consults on implementation of new E-Privacy Directive

28 September 2010 | Mark Weston

The Department for Business, Innovation and Skills is consulting on plans to implement a new E-Privacy Directive. The European Union law was passed in 2009 and needs to be implemented into domestic law...

Tags on this discussion: cookie cookies data data controller data protection data protection act data protection directive Data Provider data security data subject Directive email emails ePrivacy Directive EU EU law European Union Internet Internet access Internet service provider Online online content personal data privacy spam unsolicited web site web sites Website website content

Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal

1 September 2010 | Paul Gershlick

M-Tech bought for resale second-hand computer hardware of Sun Microsystems. Oracle (which has since taken over Sun’s business) objected on the basis that the goods had not been put on the market within...

Tags on this discussion: brand brand protection branding brands CJEU competition law consent Court of Appeal Court of Justice of European Union Court of Justice of the European Union EC Treaty ECJ EEA EU EU law Europan Union Europe European Court of Justice High Court Intellectual property intellectual property rights IP parallel import parallel importing summary judgment trade mark trade mark infringement Trade Marks Act unauthorised unlawful

European Commission launches another consultation – this time on the reasons for not having more e-commerce trade

20 August 2010 | Mark Weston

The European Commission has launched its latest consultation. This time, it is asking all interested parties – including retailers, governments and consumers – for the reasons why e-commerce trade...

Tags on this discussion: B2C business-to-consumer contract contract law cross-border e-commerce E-Commerce Directive E-Commerce Regulations EU EU law Europe European Commission European Community European Union Online web site web sites Website

Should ASDA have gone to Specsavers to see that its strapline would take unfair advantage? – Specsavers v Asda, High Court

16 August 2010 | Paul Gershlick

Specsavers was a famous money-saving optician and had registered trade marks for its name and two overlapping ovals logo. Asda was re-launching its optician service. Specsavers objected to the logo and...

Tags on this discussion: brand branding brands comparative advertising detriment EU law European Union High Court infringement Intellectual property intellectual property rights IP logo trade mark trade mark infringement trade marks Trade Marks Act unfair unfair advantage

Too wide a restriction on contractual non-compete clause between non-competitors breached EU competition law – Jones v Ricoh, High Court

23 July 2010 | Paul Gershlick

C assisted its clients in obtaining photocopying equipment. C put forward R as the preferred supplier for its clients. C was concerned not to get cut out of its relationship with its clients by those clients...

Tags on this discussion: anti-competition anti-competitive anti-trust Article 101 Article 81 block exemption breach of contract commercial agreement Commercial contract competition law confidentiality contract contract law contracts damages EC Treaty EU law High Court illegal preferred supplier summary judgment supplier TFEU Treaty on the Functioning of the European Union unenforceable unlawful vertical agreement void

Several High Street names not operating within Distance Selling Rules

16 July 2010 | Mark Weston

A BBC investigation has discovered that some retailers are not operating within consumer laws imposed by the Consumer Protection (Distance Selling) Regulations 2000. Many are giving out false information...

Tags on this discussion: breach breach of contract business-to-consumer consumer consumer law consumer laws Consumer Protection (Distance Selling) Regulations contract contract law contracts cooling off period distance selling directive Distance Selling Regulations DSR EU law European Union Internet Online online shopping trading standards unenforceable unlawful void web site web sites

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Latest news and views tagged EU law

European Parliament calls for European Commission to look into creating EU-wide harmonised copyright laws

Envelope cartel investigation signed, sealed but far from delivered

Spanish court confirms YouTube not liable for copyright infringement in uploaded material

Trade mark registration attempt for Lego bricks ends in tiny pieces – Lego v OHIM, European Court of Justice

BIS consults on implementation of new E-Privacy Directive

Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal

European Commission launches another consultation – this time on the reasons for not having more e-commerce trade

Should ASDA have gone to Specsavers to see that its strapline would take unfair advantage? – Specsavers v Asda, High Court

Too wide a restriction on contractual non-compete clause between non-competitors breached EU competition law – Jones v Ricoh, High Court

Several High Street names not operating within Distance Selling Rules

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