Har ophavsretten udkonkurreret aftaleretten? Betydningen af EU-Domstolens dom i sag C-666/18 (IT Development SAS)

Thomas Riis; Jens Schovsbo

Har ophavsretten udkonkurreret aftaleretten? Betydningen af EU-Domstolens dom i sag C-666/18 (IT Development SAS)

Has copyright outperformed contract law? The importance of the Judgment of the European Court of Justice in Case C-666/18 (IT Development SAS)

By Thomas Riis, Jens Schovsbo

From Nordiskt Immateriellt Rättsskydd nr 3 2020

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In this case regarding a trademark application for a geometrical figure as a surface pattern, the PMCA provide guidelines in relation to distinctiveness in relation to surface trademarks, and particularly the assessment for its inherited distinctiveness. This case further elaborates on the responsibilities an applicant holds in relation to showing distinctiveness for signs, patterns or products that are not typically associated with being trademarks.

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Rättsfall | Sverige

The balance of the law on the peace of the maritime grave at the wreck of Estonia and the journalistic interest (the Court of Appeal for Western Sweden, B 5637-22) Filip Jerneke and Stefan Widmark Introduction In this case, two persons were convicted for offence against the law on the peace of the maritime grave at the wreck of the passenger vessel Estonia after diving close to and filming the wreck for the purpose of making a documentary film. In this context, the most interesting aspect is how the court draws the line between the peace of the maritime grave and the journalistic interest.

Gross defamation – similar statements in different media resulting in different judgements (Stockholm District Court, B 568-21 and Svea Court of Appeal B 374-20)

Rättsfall | Sverige

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