The “use” requirement in trademark revocation cases in China based on non-use for three consecutive years A trademark right is an intellectual property right that increases its value through actual use and the commercial benefits derived therefrom, meaning that its actual use by the trademark holder occurs out of a commercial need which therefore enhances …
Author: MH
CETA: the dispute resolution system validated by the Court of Justice of the European Union
It was in autumn 2016 that the Walloon Region, through its Minister President Paul Magnette, vetoed the signing of the Comprehensive Economic and Trade Agreement (“CETA”) by the European Union. CETA, a trade agreement between the European Union and Canada aimed at stimulating trade and supporting growth and employment, aims to reduce tariffs and protect …
Copyright dispute on uploading screenshots in China
Copyright Dispute on whether an act of uploading Posters, Snapshots and Screenshots of films on an information-sharing platform for comments and exchange among Internet users constitutes fair use regulated in Article 22 of Copyright law. Douban is an information-sharing platform for Internet users to comment on and exchange about films and TV series. “On this …
After the GDPR; SCA: The New Protection for European’s Online Payments
Inspiration or plagiarism? A warning to artists and to art dealers
Walking in Milan during the Art Week you probably come up against the Venice gate’s bastions wholly wrapped up with hundreds of hessian fabrics. The mind will go to Christo who, since the later sixties, wrap up famous monuments around the world. However, the author of the packing, in this case, is Ibrahim Mahama, a …
PACT LAW: A FUTURE FOR BUSINESS GROWTH?
In France a new bill has recently been introduced. Loi PACTE or Projet de loi de croissance et transformation des entreprises (Action Plan for Business Growth and Transformation) is a text composed of nearly 200 articles aimed at reforming several economic areas. The draft law was initiated by the Minister of the Economy Bruno Le …
New commitment for customs in protecting cultural heritage
Last March, the European Parliament finally approved the regulation designed to protect cultural goods against smuggling and to put a stop to a source of terrorist financing. Before now, there were no universal EU laws governing imports of cultural heritage. The only European legislation on the trade of cultural goods concerned exports and the return …
The First Case of the Beijing Internet Court
On October 30th, 2018, the recent Beijing Internet Court heard its first case on copyright ownership and infringement, “Tik Tok Video” vs. “HuoPai Video”. The case was filed on September 11th, 2018 by ByteDance, the parent company of Tik Tok, who initiated the lawsuit against the video platform HuoPai by Baidu Technologies. ByteDance contends that …
Russia: A New Future For Fashion?
As of June 26th 2019, the Russian Federation will begin to enforce a newly-adopted bill expanding its legal protections to industrial designs under the “amendments to Part IV of the Civil Code”, most notably for the fashion industry. In an effort to emulate the European Union’s robust protections for fashion designers and brands, Russia has …
“Copyright is for losers”…but it could be useful
Banksy went to Court and partially won. “Copyright is for losers” once wrote the secretive street artist ironically, however, a few weeks ago Pest Control (the company responsible for managing Banksy’s artworks) sued an Italian company for trademark infringement. The Italian company 24 Ore Cultura organized an exhibition – The Art of Banksy. A visual …