insight - IP & ICT

In a milestone decision of 6 October 2021, the Court of Justice of the European Union (“CJEU”) interprets the exceptions in copyright protection for computer programs enshrined in articles 5 and 6 of Directive 91/2501. This decision essentially clarifies the role of decompilation in the context of error correction, providing guidance on the fundamental conditions for relying on article 5 of Directive 91/250. 1 Perceptive readers will immediately notice that Directive 91/250 corresponds to the old software directive. However, the provisions on which the CJEU rendered its judgement remain unchanged under the new(er) Directive 2009/24/EC. ... [Read more]

The European Union Intellectual Property Office (EUIPO)’s cancellation division has invalidated the EU figurative trademark nr. 012575155 held by graffiti artist Banksy on his flower thrower artwork due to the trademark having been filed in bad faith. ... [Read more]