Items
16-05-2012
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Internet service provider can be ordered to give personal information to copyright holder of alleged infringer
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15-05-2012
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Combination of descriptive words and abbreviations is devoid of distinctive character
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15-05-2012
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“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.
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15-05-2012
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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
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15-05-2012
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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.
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13-04-2012
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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.
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08-04-2012
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Community design infringement: later registered Community design can infringe earlier Community design. Intention and conduct third party irrelevant for infringement.
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08-04-2012
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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.
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08-04-2012
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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
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08-04-2012
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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
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08-04-2012
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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.
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06-04-2012
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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.
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06-04-2012
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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.
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06-04-2012
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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
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26-02-2012
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Characterisation of Prince Rainier’s illness as an event of contemporary society not unreasonable
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26-02-2012
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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
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21-01-2012
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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
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21-01-2012
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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.
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21-01-2012
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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.
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16-01-2012
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Failure to fulfill obligations under Television Broadcasting directive by allowing advertising which exceeds maximum limit of 20% of transmission time
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