Blockchain-Based Applications – Evolving Legal Issues

Photo business team brainstorming.Finance department managers working new globalGenerally speaking, a Blockchain is a peer-to-peer operated distributed digital ledger that records all transactions executed for a particular asset. The ledger is “distributed” because each user of the network has its own copy of the blockchain, and each user’s …

German Federal Court of Justice Rules on Patent Infringement Under the Doctrine of Equivalents

PillsOn 14 June 2016, the German Federal Court of Justice (X ZR 29/15 “Pemetrexed”) confirmed prior decisions in which it held that patent infringement under the doctrine of equivalents can, in principle, not be assumed, if the patent discloses …

The Brazilian Olympics and Intellectual Property

Athlete showing medalsThe Olympic Games 2016 which take place in Rio de Janeiro, Brazil, from 5 to 21 August are supported by a huge volume of marketing and advertising campaigns. As many countries have done before, Brazil enacted special legislation to protect …

A new EU Framework on Cybersecurity: The Network and Information Security Directive

network cables connected to switchEfforts to coordinate and enhance cybersecurity across the European Union (“EU”) have taken a step forward with the publication on 19 July 2016 of the new Network and Information Security Directive (2016/1148/EU) (the “Directive”) in the Official Journal …

US Federal Circuit: Outsourced Manufacturing Is No Ground for Invalidity Under the On-Sale Bar

Tampon versus PadOn 11 July 2016, the US Court of Appeals for the Federal Circuit issued a unanimous en banc ruling in The Medicines Company v. Hospira Inc. that a sale of manufacturing services by a contract manufacturer to an inventor to …

Apple Loses China Trademark Case Over the Use of the Word “IPHONE” on Leather Goods

iStock_81284397_XXLARGEOn 29 September 2007, a PRC entity, Xintong Tiandi Technology (Beijing) Company Limited (“Xintong”), filed a trademark application for the word “IPHONE” in class 18 (“Opposed Mark”) with the PRC Trade Marks Office (“TMO”). …

Wikimedia Loses German Copyright Case Over Photographs of Public Domain Paintings

Young woman visits an art galleryOn 31 May 2016, the Regional Court of Berlin (15 O 428/15) ruled that photographs of public domain paintings ‎are, in principle, protected by a copyright-related right in section 72 of the German Copyright Act. The case involved …

Led Zeppelin Prevails in US Copyright Case Over Their Iconic Ballad “Stairway to Heaven”

Concert guitar on stage

On 23 June 2016, a US federal jury concluded that Led Zeppelin’s Jimmy Page and Robert Plant did not copy the opening guitar riff in “Stairway to Heaven” from the song “Taurus,” an earlier tune by US rock band Spirit. …

EU General Court: FC Barcelona Loses Dispute Over Its “CULE” Trademark

big stadiumOn 16 June 2016, the General Court of the European Union rejected an opposition by Fútbol Club Barcelona to the wordmark “KULE” (T‑614/14). The opposition was based on an alleged infringement of the club’s Spanish wordmark “CULE,” the …

German Federal Constitutional Court: Sampling Music May Not Be Copyright Infringement

Mixer

In 2013, several artists and music production companies filed a constitutional complaint with the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) against two Federal Court of Justice (Bundesgerichtshof, BGH) rulings (I ZR 112/06I ZR

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