The Polish Supreme Court held that the creative (original) nature of a work protected by copyright may manifest itself in the creative, new and simplified combination of known elements e.g. insurance…
The Spanish Supreme Court has recently ruled on the concept of originality in respect of architectural works, and for the first time has established clear and specific guidelines for applying…
A full summary of this case has been published on Kluwer IP Law
The Supreme Court provided guidance on how to assess whether a work should be considered to be an adaptation, within the meaning of…
A full report of this case has been published on Kluwer IP Law.
In this interesting case, the Supreme Court of Estonia examined whether the answers given by the claimant in the framework of an…
Can a scooter enjoy, contemporaneously, protection as a three-dimensional trademark (hereinafter 3D mark) and under copyright law? Apparently it can, at least according to the Court of Turin, which…
On 22 November 2016, the Court of Appeal of Amsterdam decided the case Pearson v. Bär Software (the judgment is only available in Dutch). The judgment seems remarkable in light of the CJEU’s earlier…
It could be called the Dutch case of the summer of 2016: the question of whether beer manufacturer Bavaria's slogan “Zo. Nu eerst een Bavaria” (translated: “So. Now first a Bavaria”) is a work…
In this case the court took the position that the non-transfer of economic copyright in a draft building plan did not constitute a breach of the contract of services for designing a construction…
The European Commission keeps sending us surprises. After December’s Communication on Modernizing Copyright, which contained a mixed bag of copyright goodies, we had expected just about anything but…