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The CJEU affirmed that derivative works enjoy copyright protection in the EU only when they meet the originality threshold. In the Institutul G. Călinescu case, a critical edition of a 19th‑century Latin text was examined to determine if the editor’s choices were sufficiently free and creative. The Court stressed that protection extends solely to the editor’s original contributions, not to the underlying public‑domain material. This aligns EU law with the Berne Convention’s requirement that originality is both necessary and sufficient for copyright.
After eight years of denying pharmaceutical preliminary injunctions, Australia’s Federal Court granted two rare orders in 2025‑26, favoring originators Janssen and AstraZeneca. The court applied the traditional two‑factor test—prima facie infringement and balance of convenience—but placed greater weight on the...
The UK Departments for Science, Innovation and Technology and Culture, Media and Sport have released the long‑awaited Report on Copyright and Artificial Intelligence, mandated by section 136 of the Data (Use and Access) Act 2025. The report signals a hands‑off approach: no...
![[Guest Post] [Conference Report] Intellectual Property in the Gaming Industry (JDPI)](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhSrqYAFbXxoFv9cNjpxVd0o9me9yS7YejRYAS8dIttFWC1R9f0z6eW6275fBFlOOxsXuPF8oj__dDYARtNjQABMLqUbKY4mbrfjzXKplZRBsJ-2dixJM07ZAG8CPLU4J8vXbVHj6JTDEpc4afXCsBB1jDZaln3rtc_sk1Uzs25-pvV7fvScBW0Ow/s72-c/pexels-70979789-8405029.jpg)
The University of Geneva’s JDPI 2026 conference examined intellectual property challenges in the video‑game sector, emphasizing the difficulty of classifying games as software, audiovisual works, or hybrid creations. Speakers compared EU, US, and UK approaches, noting the EU’s aggregation model...
On 3 March 2026 IP Australia published a consultation paper proposing wide‑ranging reforms to Australian IP law, with a focus on patents. Key patent proposals include expanding the definition of exclusive licencees, shortening opposition timelines for pharmaceutical patent term extensions, introducing fixed...
The General Court dismissed the appeal in Altendorfer v EUIPO, confirming that a single steakhouse in Braunschweig can satisfy the EU trademark genuine‑use requirement for hotel and catering services when combined with a robust online presence. Haus zur Hanse demonstrated use of...
The seventh annual Retromark conference has been shifted to Tuesday 23 June 2026 due to a London Tube strike. Attendees must re‑register as previous sign‑ups do not carry over, and tickets remain free but limited. The agenda features a keynote by EUIPO...
PermaKat Eleonora Rosati testified before the UK Communications and Digital Committee, contributing to its new report on AI, copyright and the creative industries. The report recommends technical standards for rights reservation, data provenance and mandatory labeling of AI‑generated content to protect...
The EUIPO Fifth Board of Appeal upheld the Cancellation Division’s finding that the trademark "BREITLING FOR WOMEN" was registered in bad faith. The decision relied on Article 59(1)(b) of the EU Trade Mark Regulation and CJEU precedent, noting the applicant’s lack of a...
The Patents Court ruled that Asda’s “Tang Gold” mandarin is not an essentially derived variety (EDV) of the protected “Nadorcott” cultivar. The judgment hinged on differences in pollen viability and seed production, which the court deemed essential characteristics of Nadorcott....
The General Court upheld the EUIPO’s refusal to register Empreinte’s hand‑shaped corkscrew handle as a 3‑D EU trademark, finding the design exclusively functional under Art. 7(1)(e)(ii) EUTMR. The Court ruled that the Board of Appeal provided sufficient reasoning and that procedural...
Lotus Bakeries transformed its traditional Belgian Speculoos biscuit into the globally recognized Biscoff brand, a move that went beyond marketing to secure robust trademark protection. Since 2020 the company has registered nine EU trademarks covering the name, three‑dimensional biscuit shapes,...
The UK Data (Use and Access) Act 2025 replaces GDPR Article 22 with Section 80, easing restrictions on fully automated decision‑making (ADM) while defining "meaningful human involvement" and "significant" effects. The new safeguards only trigger when decisions rely on special categories of...
![[Guest Post] Paris Court of Appeal Clarifies Platforms’ Obligations Under Article 15 DSM Directive in Twin Decisions Against X](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgCM4Pa_gOjB4W3SpuC8PcbW_ono8T6K1VRCDd6FRq2NTMEgiz-4vgMhVrXQ507U0PgBqksa9D2dp65KIK4iv9fF_YiwuUR51rPriEccTNC3jZW5c1p7h_8ar7BDA_BLTS9LgI4Hzjrd204mDNlIAIdUzmbcAMgK6p2uCIugZuY4iqHzdzLLZpVyA/s72-c/istockphoto-880917850-612x612.jpg)
On 25 September 2025 the Paris Court of Appeal upheld two injunctions forcing X (formerly Twitter) to disclose detailed engagement and revenue data for press content, confirming the platform’s duty to provide information needed to calculate remuneration under Article L.218‑4 of the French...
