Article 4 of the Declaration of the Rights of Man and of the Citizen proclaims, « freedom consist in being able to do anything that does not harm others ». Bearing this in mind, while American judges seem to seek a fair balance between private and public interest, French ones maintain a strict interpretation of the protection of the author’s rights on his work.
This strict interpretation of the French Copyright Act led to a recent verdict that Jeff Koons’ company was infringing, while Koons’ defence was built on the exceptions of freedom of expression and parody. Read more
Qiaodan Sports, a Chinese sportswear company, recently lost three of its registered trademark in a lawsuit against American famous basketball star Michael Jordan. The three revoked trademarks are demonstrated as “乔丹”, literally using Jordan’s Chinese name in Chinese characters, covering a wide range of products such as sports clothing, beverages and even Christmas tree decorations. However this ruling is widely considered only a partial victory for Michael Jordan, since his revocation requests for other disputed trademarks designed as “qiaodan”, Jordan’s Chinese name in Pinyin, were declined by the Supreme Court of People’s Republic of China.
The reason behind the ruling is that registering “乔丹” as a trademark without the acknowledgement and approval of Michael Jordan constitutes malicious preemptive registration due to the infringement of Jordan’s right to his personal name. The significance lies in the recognition of the connection between Michael Jordan and his non-legal Chinese name written in Chinese characters. According to the ruling, the existing evidence is sufficient to prove that “乔丹” has a high visibility in China: the relevant public usually uses it to refer to Michael Jordan, and there is a stable connection between “乔丹” and “NBA star Michael Jordan”. However, the court did not find such a connection between “qiaodan” and Michael Jordan.
The EU General Data Protection Regulation (GDPR) is coming into effect on May 25th, 2018. The Regulation will supersede the Directive 95/46/EC. It aims to unify the EU data protection legislations and strengthen EU’s data protection to meet the new privacy challenges brought by the development of digital technologies. GDPR will have significant impact on China’s enterprises that target the European market. Take the Alibaba Group for example. Alibaba collects a huge amount of electronic data in the EU market through AliExpress, and transfers this data to other Alibaba Group related businesses in Alibaba’s e-commerce ecosystem in order to complete transactions or to conduct marketing research. If such practices crosses the red line set by GDPR, Alibaba will face big challenges in terms of law, economics and business brand.
GDPR sets strict standards for the protection of data subjects in the Union:
Extraterritorial Effect of GDPR
On the basis of the conflict between United Vansen International Sports Co. Ltd and soccer club ADO The Hague, we will take a closer look at the Dutch so-called survey procedure at the Enterprise Division of the Amsterdam Court of Appeal and the court’s ruling in this case.
On Thursday the 15th of December 2016, ADO The Hague (ADO) stood against United Vansen (UVS) in front of the Enterprise Division of the Amsterdam Court of Appeal. UVS is the company of major shareholder Hui Wang. The Enterprise Division of the Amsterdam Court of Appeal solves (legal) disputes within Dutch Companies.
The core of the dispute between the two parties is that according to the management of ADO, UVS did not fulfill its payment obligations and also has been pursuing mismanagement and has put ADO’s continuity in danger.
In short – First geographical indication for a manufactured product: the consequences of the Laguiole case
Since the new consumers law was adopted on March 17th, 2014, and its application decree, n°2015-595, was published on June 2nd, 2015, it is possible to protect manufactured products with a geographical indication, title which was until now only available to agricultural and wine products.
Intellectual Property intensive industries in the European Union are well alive and have a growing importance for the economy. This is the general conclusion of a report written by the EUIPO (European Union Intellectual Property Office), along with the EPO (European Patent Office), and published in October 2016. This report, based on research and surveys completed over a period stretching from 2011 to 2013, follows a previous one based on the 2008-2010 period.
This research is an answer to the need to keep “innovation” as a focus of European growth, as was clearly stated in “Europe 2020”, the EU’s economic growth strategy from 2010 to 2020. Indeed, the main purpose of Intellectual Property is to encourage, and protect, innovation, and therefore keeping track of the importance of IP-intensive industries can give us an idea of the state and liveliness of innovation in the European Union.
Gucci vs Guess
In its judgement issued on 11th October 2016, the General Court dismissed two appeals brought by the Italian luxury brand Gucci. This case is interesting because it gives us an example of the scope of protection that a registration of letter signs provides.
Today on the 28th of November, the UK government confirmed it will proceed with its preparations to ratify the Unified Patent Court Agreement.
On September 3rd 2016, the twenty-second meeting of The National People’s Congress (NPC) Standing Committee voted for the decision to amend the law on foreign-funded enterprises (FFE), which consist of domestic wholly foreign owned enterprises and Sino-foreign joint ventures.
Features and Impacts of the new regime:
The amendments replace the existing the Ministry of Commerce (MOFCOM) approval requirements with filing requirements for all foreign-funded enterprises. Also, on the 3rd of September 2016, the MOFCOM published draft rules that will shorten the processing time and enhance certainty of transaction involving the FFEs.
Amsterdam Dance Event Panel: “China: A New Electronic Nation?” with Rainbow Gao (The Mansion, CN), Robin Leembruggen (Mad Panda, CN), MIIIA (DJ/Producer, CN), Paul Neuteboom (Modern Sky Entertainment, CN), Spencer Tarring (DJ/founder of Pyro)
On the first day of the Amsterdam Dance Event conference held all over Amsterdam last week, a panel moderated by China-based DJ Spencer Tarring discussed the huge potential of China as the rising promised land for Electronic Dance Music (EDM). This potential market is immense: with over 1 billion inhabitants China counts 200 million people between 14 and 24 years old, the primary target audience for EDM. Although electronic music is still a niche market in this huge country, the Chinese EDM scene has been rapidly growing over the past year(s). EDM festivals have been expanding with STORM (held in 6 cities this year) and MYTH as the main dance events. In 2016, four out of 20 most popular dance clubs are located in China according to djmag. Between 2011 and 2015 the electronic music event capacity in China has almost tripled.