The IPRGROUPSCANTM
is the service for Madrid system Users

Publications

  • ECJ judgment: protection of unregistered designs in EU
    ECJ judgment: protection of unregistered designs in EU
    2014-05-29

    The industrial design, or in European Union terminology, the Community design, is most likely the most complex type of intellectual property as it is at a crossroad or is the link in the entire discipline. The industrial design, a creation that is materialized into a product, can indeed also be protected as another type of intellectual property through another type of intellectual property rights, and it can also be protected under unfair competition laws.

  • Trademark genericism, but for whom do they become generic? (ECJ Judgment 6 March 2014)
    Trademark genericism, but for whom do they become generic? (ECJ Judgment 6 March 2014)
    2014-05-29

    When a trademark is genericized, it can be grounds for revocation thereof. It occurs when a validly registered and distinctive sign loses that ability to distinguish the good or service as being from a particular corporate origin and becomes, “in trade”, a common name for the type of good or service it distinguishes. By losing...

  •  “Reusing” databases (GasPedaal case)
    “Reusing” databases (GasPedaal case)
    2014-05-29

    Internet search engines can be general (Google, Yahoo) or dedicated search engines, i.e., specializing in one topic. A metasearch engine sends search commands from its users to other search engines.

  • To link or not to link. (“Svensson” case)
    To link or not to link. (“Svensson” case)
    2014-05-29

    This ECJ Judgment of 13 February 2014 (case C-466/12) deals with the following case: Two journalists who wrote press articles published on a newspaper’s web page, without any restriction whatsoever, filed a complaint against an undertaking called Retriever Sverige (RS), that manages a webpage providing its customers with lists of clickable links redirecting users to articles published on other web pages. The question is: does this constitute communication to the public?