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Posts Tagged: "European Parliament"

EU Reaches Copyright Reform Agreement But Opposition Remains

Have European Union legislators finally agreed on the substance of a new Copyright Directive? That was the claim made in a statement by the European Commission on February 13. The Commission announced that it, the EU Council (which represents member state governments) and the European Parliament (comprising 751 elected members) had reached a “breakthrough” on controversial proposals that have been hotly debated for the past six years. The Commission explained that the three bodies had found a “political agreement to make the copyright rules fit for [the] digital era in Europe and bring tangible benefits to all creative sectors, the press, researchers, educators, cultural heritage institutions, and citizens”. However, it did not publish the text that had been agreed.

Other Barks & Bites: IP News to Watch, January 25, 2019

Today marks the return of our Other Barks & Bites feature, which will profile a collection of news headlines from around the IP world and across practice areas every Friday. This week, the patent spat between Apple and Qualcomm heats up at the PTAB; China’s intellectual property court at Beijing shows signs of heightened requirements in trademark appeals for foreign entities; and the European Union delays debate on copyright reforms that would affect major tech firms that aggregate news and videos online.

Is Europe really moving away from protecting platforms and internet intermediaries?

This time last year, the combination of the Commission’s September 2017 Communication and the proposed Article 13 of the draft Copyright Directive led some to conclude that Europe was indeed moving away from protecting internet intermediaries. The Communication has now been backed up by the March 2018 Commission Recommendation and proposed new Regulation (with its focus on terrorist content). Whether Article 13 is ever enacted and in what form is still to be decided, but it is closer to adoption now than before the vote in September 2018. Meanwhile, we await answers from the CJEU regarding the permissible subject-matter breadth and territorial width of injunctions made against intermediaries.

European Commission Unveils Digital Tax Proposal Which Could Generate Billions in Tax Revenues from American Tech Giants

The European Commission has recently proposed new tax rules that would significantly alter the tax regime faced by technology companies operating in the European Union, including American tech giants like Google and Facebook. The proposal from European authorities would tax tech company revenues in the country where those revenues are generated rather than where the companies are regionally located; supporters of the proposal note that this would keep tech companies from reducing tax payments by locating regional headquarters in European nations with lower tax levels.

As EU, Ukraine Agreement comes into force uncertainty remains

As of September 1, 2017, the Association Agreement between the European Union and Ukraine came fully into force. For three years Ukrainian legislative and executive authorities were obligated to implement the provisions of the Agreement in the national legislation, however much has not been done… With the Agreement in force without implementing Ukrainian legislation companies can approach the interpretation of European and national law in two ways. Competing companies can, and likely will, differ in their approach to and interpretation of certain provisions and they will have to fight their disputes in court.

Re-Classification According to New EU Trade Mark Regulation

The new European Community Trade Mark Regulation, as approved by Regulation (EU) 2015/2424 of the European Parliament, entered into force on March 23, 2016. Among other amendments, the provisions of Article 28(8) of the new Regulation substantially change the approach to interpretation of ICGS class headings included in the list of goods/services covered by EU trademarks applied for before June 2012. Previously, before June 22, 2012, a trade mark was deemed to be protected in respect of the entire range of ICGS goods and services included in the alphabetical list for that class provided that such trade mark was registered with reference to the heading of the respective ICGS class.

The Unified European Patent: What it Means for International Enterprises Seeking Protection on the Continent

On February 19, 24 members of the 27 European Union signed a unified patent court agreement in Brussels, Belgium. Bulgaria is expected to sign once it completes internal administrative procedures, but because the single patent will only need to be in English, German or French, only the countries of Poland and Spain have so far refused to join in the effort.