Forældreløse værker – forslag til EU-regulering

Bente Skovgaard Kristensen

Forældreløse værker – forslag til EU-regulering

Orphan Woks – a Draft EU Directive

By Bente Skovgaard Kristensen

From Nordiskt Immateriellt Rättsskydd nr 6 2012

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Distinctiveness for non-traditional trademarks and the inherent distinctiveness for surface patterns (PMCA, PMÄ 14666-22)

Rättsfall | Sverige

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.

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)

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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Rättsfall | Sverige

This case concerns a dispute between international car manufacturer Jaguar and a Swedish company, as well as the company's two owners, regarding allegations of copyright infringement in the defendants' production of a replica Jaguar C-Type sportscar.(1) The second-instance Patent and Market Court of Appeal reversed the first instance-court's decision and found that the replica did not constitute copyright infringement on two unusual grounds:

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