The Use of e-Evidence in Trade Mark and Design Cases

The e-presentation deals with the use of e-evidence in trade mark and design cases. It introduces recent decisions adopted by the CJEU that gave clarifications on the following issues: proof of the existence, validity and scope of protection of an International trademark through the database TMview (e.g.: T-848/16, Deichmann/EUIPO), proof of design disclosure via electronic means (e.g: T-756/16, Euro Castor Green v EUIPO), assessment of the relevant public through online evidence (e.g.: T-122/17, Devin v EUIPO - Haskovo Chamber of C), and genuine use and e-evidence.

Andrej Stec

Information

Free version

This version of the e-presentation shows the complete e-presentation.

No certificate can be provided for using this version.

Start

Premium version

The premium version offers free navigation, downloadable slides, MP3 version, offline video version and the seminars background documentation as additional value.

It is also eligble for the acquisition of CPD points.

Buy

Question 1 of 3

Question 1: Under Art 4(2) of the Information Society Directive (Directive 2009/29) , the distribution right shall not be exhausted:

within the Community in respect of the original or copies of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder or with his consent.

at international level in respect of the original or copies of the work, except where the first sale or other transfer of ownership of that object is made by the right holder or with his consent.

within the Community in respect of the original of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder and without his consent.

Question 2 of 3

Question 2: According to the Information Society Directive, exhaustion of the distribution right applies:

to the intangible object of a protected work.

to the tangible object of a protected work.

to both intangible and tangible object of a protected work.

Question 3 of 3

Question 3: In order to avoid infringement of reproduction right, the original acquirer reselling copy of a computer program:

must make own copy unusable.

must make own copy usable for a limited time period.

must save a copy of the work.