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Copyright and Freely Accessible Photos: The Implications for Website Operators and Social Media Users Intellectual Property

Copyright and Freely Accessible Photos: The Implications for Website Operators and Social Media Users

Early last month the Court of Justice of the European Union (CJEU) ruled that the reproduction of a photo on a website, not being the website through which the rightholder initially made that photo available to the public, constitutes a new communication to the public for the purpose of determining a copyright infringement claim. The Facts:-In case C-161/17, Mr Renckhoff brought proceedings before the Courts of Hamburg against the local authorities having the direct supervision of a secondary school. Mr Renckhoff was a photographer by profession and in 2009 it was possible for persons to access the school's website which…
Mark Soler
8th September 2018
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The Uniformity of ‘Energy Labels’ under EU Law Antitrust, Competition and TradeLitigation & Dispute Resolution

The Uniformity of ‘Energy Labels’ under EU Law

 The Court of Justice of the European Union (CJEU) has recently delivered a judgment on a preliminary reference relating to the labelling of energy-consuming products, or 'energy labels'. In case c-632/16 the Commercial Court of Antwerp, in Belgium, was faced with the following problem.  The Facts :-Dyson, the applicant, is a Belgian company that markets vacuum cleaners that are not fitted with a dust bag. BSH, the respondent, is a Dutch company that markets conventional vacuum cleaners, under the trade marks Siemens and Bosch, that are fitted with a dust bag. According to Delegated Regulation No 665/2013 all market vacuum…
Mark Soler
3rd September 2018
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The Uniformity of ‘Energy Labels’ under EU Law Antitrust, Competition and TradeLitigation & Dispute Resolution

The Uniformity of ‘Energy Labels’ under EU Law

 The Court of Justice of the European Union (CJEU) has recently delivered a judgment on a preliminary reference relating to the labelling of energy-consuming products, or 'energy labels'. In case c-632/16 the Commercial Court of Antwerp, in Belgium, was faced with the following problem.  The Facts :-Dyson, the applicant, is a Belgian company that markets vacuum cleaners that are not fitted with a dust bag. BSH, the respondent, is a Dutch company that markets conventional vacuum cleaners, under the trade marks Siemens and Bosch, that are fitted with a dust bag. According to Delegated Regulation No 665/2013 all market vacuum…
Mark Soler
3rd September 2018
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Proposed Amendments to the Competition Act and the Consumer Affairs Act Antitrust, Competition and Trade

Proposed Amendments to the Competition Act and the Consumer Affairs Act

This article was written by Dr. Annalies Muscat  & Dr. Laura Spiteri. On the 10 August 2018, the Government of Malta launched a public consultation procedure in relation to proposed amendments to the Competition Act, the Consumer Affairs Act, the Malta Consumer and Competition Affairs Authority Act, and other related legislation.A draft Bill was also published.The amendments proposed to the abovementioned regulations aim to address the considerations made following the judgement of the Constitutional Court in Federation of Estates Agents v Direttur Ġenerali (Kompetizzjoni) et, of the 3 May 2016 (you can read our article on this judgment here. Although there has not yet…
Annalies Muscat
1st September 2018
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Proposed Amendments to the Competition Act and the Consumer Affairs Act Antitrust, Competition and Trade

Proposed Amendments to the Competition Act and the Consumer Affairs Act

This article was written by Dr. Annalies Muscat  & Dr. Laura Spiteri. On the 10 August 2018, the Government of Malta launched a public consultation procedure in relation to proposed amendments to the Competition Act, the Consumer Affairs Act, the Malta Consumer and Competition Affairs Authority Act, and other related legislation.A draft Bill was also published.The amendments proposed to the abovementioned regulations aim to address the considerations made following the judgement of the Constitutional Court in Federation of Estates Agents v Direttur Ġenerali (Kompetizzjoni) et, of the 3 May 2016 (you can read our article on this judgment here. Although there has not yet…
Annalies Muscat
1st September 2018
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Unconventional Trademarks Post-KitKat: The CJEU’s Standard of Proof for Acquired Distinctiveness Explained Intellectual Property

Unconventional Trademarks Post-KitKat: The CJEU’s Standard of Proof for Acquired Distinctiveness Explained

Many people will by now have heard of Nestle's loss at the EU's highest court, marking the end of a long and arduous battle to secure EU-wide trademark protection over the four-trapezoidal-fingered shape of their famous KitKat bar.It's not often that trademark cases make the headlines across mainstream media, making this all very exciting for IP lawyers. But the whole thing did seem, at points, rather more like a race to get that "No Break for KitKat" pun-title out asap than an accurate assessment of the legal implications of the Court of Justice's ("COJ") most recent decision. Were matters different,…
Jonathan Tonna
31st August 2018