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News:Jurisprudence

Urban wastewater treatment: the Opinion of the Advocate General of the CJEUSubscribers only

In an Opinion dated September 3, 2026, the Advocate General of the Court of Justice of the European Union recommended that the Court strike down, in Directive (EU) 2024/3019 on urban wastewater treatment, the principle of an extended producer responsibility (EPR) applicable solely to the cosmetics and pharmaceutical industries.

Copyright, design rights and infringementSubscribers only

A single 3D object may be protected by both copyright and design rights. This combined protection is not automatic; it must be demonstrated by the party claiming intellectual property rights. If this protection is recognised in court, the existence of infringement must still be proven. This is not always straightforward, as this case illustrates.

A case where an infringement claim is inadmissibleSubscribers only

A claim for infringement based on a breach of copyright and trade mark rights requires the claimant to prove that they are indeed the exclusive and undisputed owner of the rights in question. They must therefore demonstrate their standing for their infringement claims to be considered by the court and for their loss to be compensated. If they fail to do so, their claim will be declared inadmissibl...

Revocation of a trade mark for lack of useSubscribers only

The sale of perfumes and cosmetics on second-hand platforms (such as Vinted or Etsy) does not constitute genuine use of the trade mark under which these products are sold. A trademark claim has been revoked on the grounds of non-use, as the proprietor of that trademark remained passive in response to an offer for sale, failing to demonstrate either its involvement in or authorisation of these sale...

When cosmetics and copyright don't mixSubscribers only

No copyright was recognized for a freelance illustrator who had created illustrations intended for use on the packaging of a cosmetic company’s spray product. The lack of originality in these illustrations, the absence of contractual liability, and the absence of fraud are at the heart of this ruling.