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Thursday, February 20, 2020
C-371/18: the CJEU sheds some light on the interpretation of EU trade mark law concerning marks lacking sufficient clarity and precision and registration in bad faith

Trade marks cannot be declared wholly or partially invalid for lack of sufficient clarity and precision with regard to the specification of goods and services. Applying to register a mark with no intention to use, or intending to use it only for some goods and services may amount to bad faith.

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Monday, February 3, 2020
Corte di Cassazione, ruling no. 735/2020: on the infringement of new plant varieties and on the exclusion of ex officio invalidity questions

The Italian Supreme Court ruled in a new plant variety infringement matter, confirming the Court of Appeal’s conclusions that the variety had been infringed through the cultivation of the plant without the prior authorisation of the IP holders. The decision includes an interesting analysis of Courts duties and powers regarding invalidity claims of new varieties and IP titles in general.

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Friday, January 31, 2020
C-311/18 (“Schrems II”), AG’s Opinion: Commission Decision 2010/87 on standard contractual clauses for the transfer of personal data to processors established in third countries is valid

Transfer of personal data towards third countries: the AG suggests that Commission Decision 2010/87/EU, establishing standard contractual clauses for the transfer of personal data to processors established in third countries, is compliant with Art. 7, 8 and 47 of the EU Charter of Fundamental Rights, as it includes mechanisms ensuring that unlawful transfers can be suspended or prohibited, thus ensuring protection of the data subjects’ fundamental rights.

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Friday, December 6, 2019
C-567/18 (Coty/Amazon): AG’s Opinion: the boundaries of e-commerce intermediaries’ liability for trademark infringement, caused by goods stocked by the intermediaries but sold by third parties

AG Campos Sanchez-Bordona suggests a distinction between electronic intermediaries based on their actual involvement: exempting from liability custodians carrying out ancillary activities, provided they do not intervene in the infringement knowingly or with reasonable grounds to be aware of it, whilst not exempting subjects practically involved in putting third parties vendors’ goods on the market.

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