Blog
Analysis and commentary on intellectual property developments relevant to cross-border business across Europe, Latin America and Africa. We publish on the matters that affect how intangible assets are protected, exploited and defended — from EUIPO and WIPO practice to the implementation of the EU AI Act and the evolution of intellectual property regimes across Latin American and African jurisdictions.
Copyright assignment applicable law: the CJEU in Steizer applies Rome I
The CJEU ruled on 24 September 2026 that the formal validity of a copyright assignment follows Rome I, not the law of the country of protection.…
Birkenstock v Lidl in the Netherlands: when copyright protects design
A Dutch court banned Lidl's Birkenstock lookalikes, but found copyright in only two features. The ruling, the CJEU's Mio test and why designs need both layers.
Like Company v Google: the first CJEU case on generative AI, explained
The first CJEU case on generative AI asks whether training is reproduction, whether chatbot outputs need licences and how far the TDM exception goes. What is…
Pelham’s sample is pastiche: Germany’s top court closes Metall auf Metall
The BGH held on 3 September 2026 that Pelham's Kraftwerk sample is a lawful pastiche. What the CJEU test requires and where a licence is still…
IKEA v Vlaams Belang (C-298/23): free speech and reputed trade marks
In C-298/23 the CJEU held that a political party must show its freedom of expression outweighs the owner's rights before using a reputed mark such as…
General Court rejects Puma: trendsetting designs get no broader protection
The General Court dismissed Puma's action in T-376/25: setting a trend neither limits other designers' freedom nor broadens your own design protection. Key points and lessons.
Kneschke v LAION at the BGH: is building an AI dataset lawful TDM?
Germany's Federal Court of Justice heard Kneschke v LAION on 3 September 2026: TDM applies in principle, but the opt-out and research exception remain open.
Digital copyright: how to protect websites, apps, photos and online content
Websites, apps, photos and online content are protected from creation. What each asset gets, including 25 years for mere photos, and how to prove and enforce…
Where to sue over AI in Europe: Munich, Hamburg, London or Luxembourg?
Munich, Hamburg, London and Luxembourg have reached different conclusions on AI training and copyright. How forum choice shapes an AI copyright claim in Europe.
Protecting databases in the EU: copyright vs the 15-year sui generis right
EU law protects databases through copyright and a 15-year sui generis right for substantial investment. What qualifies, who can claim it and how to prove it.
USM Haller II: Germany’s top court applies Mio/konektra to furniture
Germany's BGH applied the CJEU's Mio/konektra test to the USM Haller furniture system: same originality standard as other works, judged objectively. What it means for designers.
OPENAI refused (T-555/25): how to name an AI product you can register
The General Court upheld the EUIPO refusal of OPENAI as descriptive (T-555/25, 15 July 2026). What it means for naming and registering AI products in the…
