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JHA | Blog
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The Difference between US and European Intellectual Property Rights for the Visual Arts Widens, as the US Appeal Court Rules
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Originating as an extension of French copyright law in the 1920s, an artist’s resale rights, or droit de suite, is now a common feature of an artist’s moral right across Europe. Such right affords artists royalty payments upon subsequent sales of original works of art. In stark contrast, however, the US codified what is known
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Hotel Booking Sites Targeted by Competition Enforcement
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Since 27 October 2017 – when an investigation was opened – the Competition and Markets Authority (CMA) has been monitoring online hotel booking sites following concerns that such sites may breach consumer legislation, notably the Consumer Protection from Unfair Trading Regulations 2008, and Part 2 of the Consumer Rights Act 2015. On 28 June 2018
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Fidelity Funds: Danish Withholding Tax on Dividends Breaches EU Law
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The Court of Justice of the European Union (“CJEU”) found in the Fidelity Funds case (C-480-/16) that Danish legislation regarding withholding tax on dividends distributed to non-resident investment funds is not compatible with EU free movement of capital. The taxpayers, investment funds (“UCITS”) registered in the UK and Luxembourg, reclaimed withholding tax paid on dividends
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Long awaited decision of the CJEU is a step in the right direction for Louboutin red soles
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On 12 June 2018 the Court of Justice of the European Union (CJEU) issued its decision in Case C-163/16 Christian Louboutin v Van Haren Schoenen BV, ruling that a mark consisting of a colour applied to the sole of a high-heeled shoe, is not covered by the prohibition of the registration of shapes. The mark
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The Disclosure Pilot and Technology Assisted Review
A working group has recently reviewed the rules by which parties to civil litigation must plan for and provide disclosure. In promoting a new, draft Practice Direction, it has concluded that the regime needs re-structuring. It is expected that the Business and Property Courts in England and Wales will soon commence a two-year pilot of
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EU Court: Church Jobs Subject to Proportionality Review
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The Court of Justice of the European Union (CJEU) has warned that the German Evangelical Church might be breaching anti-discrimination laws by requiring its employees to belong to a Christian denomination (C-414/16 Egenberger). While we might expect the local vicar to be a Christian in name at least, it is not clear why an applicant
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