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intellectual property

This tag is associated with 25 posts

An EU intellectual property policy to boost innovation

Intellectual property (IP) lies at the heart of innovation and competitiveness around the world as well as in the European Union, and intellectual property rights (IPRs) are protected mainly through patents, trade marks and copyright. IPRs enable individuals and companies to earn recognition and/or financial benefit from what they invent or create. By striking the right balance between innovators and public interest, IP aims to foster an environment in which creativity and innovation can flourish. Continue reading

Cross-border portability of online content services [EU Legislation in Progress]

Written by Tambiama Madiega (2nd edition), In February 2017, negotiators from the European Parliament, the Council and Commission reached a compromise on the proposal for a regulation on cross-border portability of online content services. The EP must now formally approve the new rules, enabling consumers to access their online subscriptions for content services when they … Continue reading

Spirit drinks: Definition, labelling and geographical indications [EU Legislation in Progress]

In December 2016, the European Commission proposed to replace Regulation (EC) No 110/2008 – the Spirit Drinks Regulation – with a new one, with the aim of aligning it with the Treaty on the Functioning of the European Union (TFEU). Continue reading

How blockchain technology could change our lives

Written by Philip Boucher, At their simplest, blockchains can be described as lists of all transactions that have ever been executed in a specific domain. They are organised into ‘blocks’, connected in linear, chronological ‘chains’, and – unlike traditional records of transactions – public, and decentralised. This means that, instead of having a central ‘middleman’ … Continue reading

Copyright in the digital single market [EU Legislation in Progress]

On 14 September 2016, the European Commission presented a legislative package for the modernisation of the EU copyright rules, including a new directive on copyright in the digital single market. The proposal aims at further harmonising the EU copyright framework taking into account the increasing digital and cross-border uses of protected content. Continue reading

Geo-blocking and discrimination among customers in the EU [EU Legislation in Progress]

Geo-blocking practices commonly restrict cross-border sales of tangible goods as well as of electronically supplied services and electronically delivered content services in the EU. Continue reading

The EU Trademark reform package [EU Legislation in Progress]

Written by Tambiama Madiega (1st edition), The Commission, the Council and the European Parliament (EP) have reached a second-reading agreement on the trademark reform package. Following the Legal Affairs Committee reports adopted on 3 December 2015, the EP plenary is set to approve the amended legislation and the renaming of the Office for Harmonization in … Continue reading

Review of the EU copyright Framework: European Implementation Assessment

Written by Stéphane Reynolds This ‘European Implementation Assessment’ study aims to provide briefing for the Committee on Legal Affairs (JURI) ahead of the publication of the Commission’s legislative proposals concerning the modernisation of the EU copyright framework, which are expected towards the end of 2015. Its objective is to help JURI Members achieve a better … Continue reading

The challenges of copyright in the EU

Written by Ivana Katsarova Despite over a century of international harmonisation, copyright law remains essentially national law, even though some fundamental copyright norms are gradually converging. Today, copyright is regulated at international level mainly through the Bern Convention, the Universal Copyright Convention, and a series of other treaties administered by the World Intellectual Property Organization. … Continue reading

Science, technology and innovation policy

How are science and technology used outside research, and how can research foster innovation in Europe? These questions are particularly relevant in the light of the Europe 2020 strategy seeking to bring Europe out of the economic crisis, which aims to increase the proportion of Europe’s GDP spent on research and development from 2% to … Continue reading

Adapting the EU copyright rules to the digital transformation

The initiative to modernise the EU copyright framework was launched in May 2011 in the European Commission’s strategy on “A Single Market for Intellectual Property Rights” and pursuant to actions in the Commission’s Digital Agenda for Europe. In December 2012, the Commission then published a “Communication on Content in the Digital Single Market” in which it aims … Continue reading

Legal protection of brands in EU Law

‘Brand’ is not a legal term. It refers to the set of functions and symbols associated with a specific mark, including its cultural, legal, political and social aspects, which contribute to its market value. From a legal point of view, a brand is an exclusive channel of communication connected with the brand exploitation rights, an … Continue reading

Intellectual Property Rights (IPR) in TTIP negotiations

In the Final Repor t of the High Level Working Group on Jobs and Growth (HLWG), (11 February 2013), both the EU and the US expressed their commitment to keep and advocate a high level of intellectual property protection (IPR). The report recommended that only a limited number of IPR issues would be addressed during … Continue reading

Overcoming Transatlantic differences on intellectual property: IPR and the TTIP negotiations

Recent studies demonstrate the important contribution of intellectual property rights (IPR) to the American and EU economies. Royalties and licence fees based on IPR figure high among the exports of both, and applications, and grants, for IPR protection made by Europeans in the US and vice-versa represent an important share of the totals. The differences … Continue reading

Brand protection: new trends in EU case-law

At present, EU law and especially the case-law of the Court of Justice of the EU (CJEU) provides wide-ranging protection of brands, which are considered as trademarks in law, covering such functions of trademarks as their use for the purposes of advertising, investment and communication with consumers. However, this approach causes controversy because it broadens … Continue reading

European trademark law and the freedom of speech

One of the most topical issues in European trademark law is the protection of the freedom of expression. There is an established case-law of the Court of Justice of the European Union (CJEU) according to which trademark protection extends also to such uses of the trademark which go beyond its function of guaranteeing the origin … Continue reading

Trade Secrets and Confidential Business Information

Trade Secrets (also called “confidential business information” or “undisclosed information” do not benefit from the same protection as other intellectual property. Unlike patented inventions or novels protected by copyright, the holder of a trade secret is not the owner of an exclusive right over its creation and therefore competitors can freely use or develop the … Continue reading

Legal aspects of 3D printing

Additive layer manufacturing, better known as 3D printing is a computer-driven manufacturing technology which makes it possible to “print” three-dimensional objects. The fundamental difference between this technology and its predecessors used in industry is the fact that a 3D printer does not have to carve material from a block, but it builds it up instead … Continue reading

Trademark reform package

For more than 15 years there has been a dual system of trademark (TM) law in Europe: an EU-wide Community TM (CTM), and harmonised national TMs. The Commission proposal aims at more harmonisation and coordination, but does not address TM-related concerns over free expression. Background The current EU legal framework on TMs encompasses the TM … Continue reading

Legal Initiatives for Business & Growth in the EU – In Focus

Developing strategies to foster economic growth, with a particular emphasis on SMEs, is one of the EU’s key priorities. In this thematic week we focus on legal initiatives currently on the table to aid business and economic growth in Europe. Streamlining legal rules regarding businesses activity Business law is the legal backbone of economic activity. … Continue reading

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