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IPPT20120419, ECJ, Bonnier Audio v ePhone

16-05-2012
Internet service provider can be ordered to give personal information to copyright holder of alleged infringer

IPPT20120315, ECJ, Securvita v Öko-Invest

15-05-2012
Combination of descriptive words and abbreviations is devoid of distinctive character

IPPT20120315, ECJ, SCF v Del Corso

15-05-2012
“Communication to the public” does not cover broadcasting, free of charge, of phonograms within private dental practices, enjoyed by patients without any active choice on their part. According to European law, individuals may not rely directly on TRIPS, WPPT and the Rome Convention. Concept of “communication to the public” must be interpreted in the light of TRIPS, WPPT and the Rome Convention.

IPPT20120315, ECJ, PPI v Ireland

15-05-2012

Hotel operator (i) which provides televisions and/or radios is a user making a communication to the public of a phonogram which may be played in a broadcast and is obliged to pay equitable remuneration, and (ii) which provides other apparatus and phonograms which may be played on or heard from such apparatus is also a user making a communication to the public of a phonogram and is obliged to pay equitable remuneration. Hotel operator does not fall under the private use exception

IPPT20120216, ECJ, SABAM v Netlog

15-05-2012
Injunction against hosting service provider to install contested filtering system precluded: that Directives 2000/31, 2001/29 and 2004/48, read together and construed in the light of the re-quirements stemming from the protection of the applicable fundamental rights, must be interpreted as precluding an injunction made against a hosting service provider which requires it to install the con-tested filtering system.

IPPT20120207, ECHR, Axel Springer v Germany

13-04-2012

Balancing interest in publishing the information about arrest for cocaine possesion against TV actor's right to respect for his private life; under the circumstances no need to preserve anonymity TV actor; no bad faith publisher. Content, form and consequences of the impugned articles do constitute a ground for banning them.

IPPT20120216, ECJ, Celaya v Proyectos

08-04-2012
Community design infringement: later registered Community design can infringe earlier Community design. Intention and conduct third party irrelevant for infringement.

IPPT20120209, ECJ, Luksan v van der Let

08-04-2012
Rights to exploit a cinematographic work must by operation of law be vested in the principal director. Rebuttable presumption of transfer of rights to exploit the cinematographic work allowed. Principal director must be directly entitled to the right to fair compensation for private copying. Presumption of transfer of right to fair compensation for private copying not allowed.

IPPT20120119, ECJ, OHIM v Nike International

08-04-2012

Nike ought to have been granted an opportunity to prove the transfer of the earlier right R10 on which it relied in order to show that it had locus standi

IPPT20120117, ECJ, Infopaq v DDF

08-04-2012

Acts of temporary reproduction allowed during data capture process. During  a data capture process, those acts must constitute an integral and essential part of a technological process, notwithstanding they initiate and terminate that process and involve human intervention

IPPT20110324, ECJ, Ferrero v OHIM

08-04-2012

Article 8(5): Reputation and distinctive character relevant factors for making a link between marks not for similarity, not for assessment of similarity. Also for assessing similarity with a word mark, degree of visual and conceptual similarity needs to be determined.  Existence of family or series of trade marks irrelevant for assessment of similarity, but relevant for likelihood of confusion.

IPPT20101216, ECJ, Natuur en Milieu v Ctgb

06-04-2012

Interest of protection of industrial or commercial secret may be outweighed public interest served by disclosure. Balancing exercise on a case by case basis. Term ‘environmental information’ includes information submitted for the authorisation f a plant protection product.

IPPT20110606, USSC, Stanford v Roche

06-04-2012
Title to patent: The Bayh-Dole Act does not automatically vest title to federally funded inventions in federal contractors or authorize contractors to unilaterally take title to such inventions.

IPPT20090930, USCAFC, Stanford v Roche

06-04-2012

Assignment of title: Stanford did not gain title to Holodniy’s inventions, while the VCA effected a present assignment of Holodniy’s future inventions to Cetus. Roche’s counterclaim for ownership is time-barred by statutes of limitation

IPPT20120207, ECHR, Von Hannover v Germany

26-02-2012

Characterisation of Prince Rainier’s illness as an event of contemporary society not unreasonable

IPPT20111125, ECJ, University of Queensland v Patent Office

26-02-2012

SPC must relate to active ingredients identified in the claims of the basic patent. SPC possible for active ingredient specified in the wording of the claims of the basic patent, where the medicinal product also contains other active ingredients. SPC can be granted in case of a process patent only for product derived from the process

IPPT20111215, ECJ, Red Bull v Winters

21-01-2012

Service provider filling under order packaging to which the sign is affixed does not itself make use of the sign: Having regard to the foregoing considerations, the answer to the first question is that Article 5(1)(b) of Directive 89/104 must be interpreted as meaning that a service provider who, under an order from and on the instructions of another person, fills packaging which was supplied to it by the other person who, in advance, affixed to it a sign which is identical with, or similar to, a sign protected as a trade mark does not itself make use of the sign that is liable to be prohibited under that provision. Customer liable for services attributable to it

IPPT20111201, ECJ, Philips - Nokia

21-01-2012

Not ‘counterfeit goods’ within the meaning of the regulation when brought into customs territory under suspensive procedure. Counterfeit goods: where proven that they are intended to be put on sale in the EU. Suspension of release of goods for examination of infringement; grounds for suspecting infringement.

IPPT20111201, ECJ, Painer v Standard

21-01-2012
Connected claims: risk of irreconcilable judgments. Intellectual creation and scope of protection: portrait photograph. Newspaper publisher  may not use of their own volition a work protected by copyright by invoking an objective of public security. Right to quote: not required that press report quoting a work is itself protected by copyright; obligation to indicate the source, including the name of the author or performer.

IPPT20111124, ECJ, European Commission v Spain

16-01-2012

Failure to fulfill obligations under Television Broadcasting directive by allowing advertising which exceeds maximum limit of 20% of transmission time


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