What is a game engine? Nowadays, the underlying source code of a video game is rarely developed from scratch. Modern video games usually rely on middleware. Game engines are such middleware pieces. A game engine can be defined as a platform and framework for game development. In the realm of software development, the notion of…Continue reading
Category: Intellectual Property Rights
On Perfumes, Copyright and … Cheese
The development of a perfume is undoubtedly a laborious and complex process. Despite the fact that most prominent fragrances are coming under fashion brands, those same fashion houses are rarely deeply involved in the actual creation process. In the usual scenario, a designer brand would commission the development of a perfume with a specified profile…Continue reading
Originality in computer programs
The originality requirement Within the EU, there is only one requirement for obtaining copyright protection for a computer program – the requirement for originality. Article 1 (3) of the EU Directive 2009/24 on the legal protection of computer programs (the Software Directive) reads that “[a] computer program shall be protected if it is original in…Continue reading
The rise of NFTs and their interplay with copyright
The rise of NFTs The rise of NFTs and their recent incursion into mainstream territory reveals just one of the many layers of disruptive potential brought by blockchain technology and smart contracts. In a similar way as “blockchain” and “crypto”, “NFT” is now officially a buzzword with all the implications that this brings in terms…Continue reading
Google v Oracle and the copyrightability of APIs
On 5th of April 2021 the US Supreme Court handed down its decision on the decade long legal battle between Oracle and Google regarding the copying of code from the Java API. This article will present a summary of the case as well as an analysis of its outcome and some additional thoughts on the copyrightability…Continue reading
Preparatory software materials and the scope of their protection under copyright
In its embryonic stage every computer program was just an idea. There are many stories of creative geniuses who not only came up with the idea for a given software but also turned that idea themselves into a successful product that was eventually placed on the market. However, quite often what happens in reality has…Continue reading
Liability for trademark infringement in digital marketing
In recent decades commercial marketing has evolved significantly. Part of that evolution is largely related to a specific shift in the way of reaching the customer audience. In this sense, advertising has started to slide away from the grounds of traditional media and is now increasing its focus on the media of the new millennium…Continue reading
Legal protection of designs
The visual appeal of a product plays a key role for its potential commercial success. Brands such as Apple and Alfa Romeo are a clear example how the design of a product can be used to elicit an emotional response from the consumer that could ultimately result in a purchasing decision. All this goes to…Continue reading
Legal protection of databases
Data is the new currency in our contemporary digital era and as such it plays a vital role for the success of every business enterprise. Accordingly, databases are a key infrastructure component of the fast-growing digital economy. They are an important tool that could allow a business to harness and utilize the power of data…Continue reading
A clash of liability in contract and tort in an IPR environment: Case analysis C-666/18 – IT Development SAS v Free Mobile SAS
Back in 2019 the Court of Justice of the European Union (CJEU, the Court) was faced with a request for a preliminary ruling from the Paris Court of Appeal related to a dispute that arose from an alleged breach of a software licensing agreement. The case (C‑666/18) that was ultimately decided by the CJEU by…Continue reading
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