TRINITI Newsletter
Intellectual Property and IT
European Union news

European Commission Issued a Set of Tools to Improve E-Commerce Between Member States


On 25 May 2016 the European Union Commission issued a Communication presenting a set of tools for improving e-commerce via the internet between Member States. In order to gain legal force in 2017, the Communication has to be approved by the Council of the European Union and the European Parliament.


Modernization Plans of EU Copyright Rules Leaked


The European Commission Staff Working Paper was leaked through the British non-profit organization Statewatch. Even though this 182-page document holds an impact assessment on the modernization of EU copyright rules on many aspects ...


The New Data Protection Agreement has been Approved


After 6 July 2015, when the European Court of Justice ruled that the “safe harbor” system is invalid, on 12 July 2016 the EU and the USA approved a new data protection agreement called "Privacy shield” that ensures secure and safe personal data transfer to the USA ...


For the Lessors of the Sales Areas - a Liability for Intellectual Property Rights Violations


On 7 July 2016 the European Court of Justice adopted a significant preliminary ruling. In this ruling the court interpreted the notion of “intermediary whose services are used by a third party in violation of intellectual property rights” enshrined in Article 11...


Consumer Right Protection in E-Comerce is Ensured and Defended by the Local Laws of the Consumers


On 28 July 2016, the European Court of Justice ruled an important preliminary decision regarding the consumers right and data protection applicable laws to the contractual relationship between a seller (an online shop “Amazon EU“) and the buyer (a consumer). 


McDonald's Has Failed to Defend its Rights to the "McCafe" Trademark


On 5 July 2016 the Supreme Court of Lithuania has adopted the final decision in the long lasting Lithuanian dispute over the trademarks’ confusing similarity. The court ruled that a combined mark "MacCoffee, owned by the applicant - the company “Future Enterprises Pte Ltd” ...


The Sign “999” Does Not Perform a Distinctive Function and Cannot be Usurped


On 19 May 2016 The Supreme Court of Lithuania published an interesting decision that concerns two well-known manufacturers of spirituous drinks – AB “Stumbras” and AB “Vilniaus Degtinė”. AB “Vilniaus Degtinė” pleaded an action regarding the annulment of the registered word trademark “999” of the trademark owner AB “Stumbras”.


The Consumers Personal Data, Contained on the Social Network Facebook can be Used for the Purpose of Assessment of Consumers‘ Solvency


A very significant and relevant decision was adopted by the Supreme Administrative Court of Lithuania on 13 June 2016. 


No Confusing Similarity Between Bioderma and Silbioderma Trademarks has Been Found

BIODERMA opposition against registration of trademark SilbioDerma in Latvia has been partially satisfied by the Board of Appeal of Latvian Patent office resolving that trademark SilbioDerma shall not be registered with respect to goods related to health strengthening natural ...


The Supreme Court of the Republic of Latvia has Defended a Lithuanian Company’s Rights to the Trademark

The Civil Chamber of the Supreme Court of the Republic of Latvia, being the appeal instance court for the case, has dismissed a claim initiated by the owner of trademark “DRAUGU” Valdemars Valkuns (trademark is being used by Latvian company SIA “Valdemars”) ...


Usage of the Photo Found Online Sets a Precedent for the Damages Claim in Estonia

Estonian County Court awarded world famous photographer Jill Greenberg damages in the amount of 10 000 euros for copyright infringement.

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