Licensing and Use of Orphan Works
201504.29
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Licensing and Use of Orphan Works

There has been a lot of discussion and media attention, some of which has been sensationalist and often misleading (read headlines such as, “social media users lose ownership of their own photographs” (Telegraph) and “all your pics belong to everyone now” (The Register), about the use of so-called ‘orphan works’. We previously reported on the…

IP Ownership – Student Works and University Policies – Fair for All?
201504.28
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IP Ownership – Student Works and University Policies – Fair for All?

Barring the most astute and commercially aware, many students, when signing up to a university or college course would not have given much thought as to the ownership of their intellectual property rights in the work they create during their time at university/college.  It can be argued that the majority of students are not aware…

Community Trade Marks and ‘Genuine Use’
201504.27
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Community Trade Marks and ‘Genuine Use’

The General Court has recently decided on a dispute involving the interpretation of the principles of ‘genuine use’ of Community trade marks (“CTM”). The Court’s decision can be found in Case T-258/13, which involved revocation proceeding for non-use of the ARKTIS word mark brought according to Article 51(1)(a) of Regulation 207/2009. Background The Cancellation Division…

Have a Break: Nestle Fails in Trade Mark Opposition
201504.17
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Have a Break: Nestle Fails in Trade Mark Opposition

Imperial – Produtos Alimentares, S.A. (Imperial) sought and successfully registered a three dimensional trade mark in Portugal for a two-fingered chocolate bar in class 30 in spite of an opposition by Société des Produits Nestlé S.A. (Nestle),  the producers of the KitKat bar and proprietor of the International Trade Mark 804396. The Portuguese Institute of…