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By: Sangeetha Punniyamoorthy and Aleksandar Kaludjerovic
Trademark applications are generally examined in the order they are received by the Canadian Intellectual Property Office (“CIPO”). The rationale being that examining an application out of order creates a favourable position for one applicant at the expense of other applicants. Therefore, expedited examination is generally not available for Canadian…
Authors: Alexis Fierens, Elisabeth Daem, Emma Stockman
On 17 December 2020, Advocate General (A-G) Szpunar delivered his opinion on the highly anticipated Mircom International Content Management v Telenet and others case (C-597/19) before the European Court of Justice (CJEU) thus shedding a first light on several current hot topics in copyright law.
The…
By Alexis Fierens, Kristof De Vulder and Heidi Waem
Software licensing audits are commonly used by software vendors to verify compliance with the terms and conditions of software license agreements. Software license agreements typically contain an audit right for the software vendor (licensor) and an obligation for the licensee to co-operate during such audits.…
By: Alexis Fierens and Gert-Jan Fraeyman
On June 11, 2020, the Court of Justice of the European Union (“CJEU”) issued an important decision in relation to a request for a preliminary ruling from the Commercial Court of Liège (Belgium) concerning the question whether shapes with a technical function can obtain copyright protection.
Brompton Bicycle…
By: Alexis Fierens, Heidi Waem, and Thomas Gils
On 2 April 2020, the Court of Justice of the European Union (“CJEU”) issued an interesting decision in relation to a request for a preliminary ruling with respect to a dispute concerning copyrights.
Facts
The request for a preliminary ruling in this case was made…
By: John Wilks and Ella Castle
Continuing their focus on the online gambling sector during lockdown, the UK Committees of Advertising Practice (CAP) have published an Advice Note to all GB-licensed gambling operators in relation to ads on social media for eSports betting. The advice makes it clear that eSports betting-related advertising must comply with…
By Keith Medansky, Michael Geller, Ed Chatterton, Niels Mulder, Melinda Upton and Leigh Martin
While the United States Patent and Trademark Office (USPTO) remains open, on March 31, 2020, the USPTO announced certain deadlines may be eligible for an extension if a party cannot meet its obligations due to the coronavirus…
By: Raf Schoefs and Thomas Gils
The Court of Justice of the European Union (CJEU) ruled that the failure to comply with a clause relating to intellectual property rights in a software license agreement must be regarded as an ‘infringement of intellectual property rights’ within the meaning of the Enforcement Directive, and not merely as…
By: Melinda Upton, Jessie Buchan, Valiant Warzecha, and Alexandra Moore
The Federal Court of Australia (FCA) recently handed down its decision in the case that all Australian burger lovers have been eagerly watching – infringement proceedings brought by US burger chain, In-N-Out Inc. (INO), against Sydney based burger chain, Hashtag Burger…
