Trade Mark Law - Genuine use trademark by use in a different form without altering the distinctive character, even if different form is registered as (defensive) trademark

Patent Law - Sufficient disclosure to satisfy requirements of article 57 EPC regarding “a practical application” and “some profitable use”. Supremacy principles laid down by the Board’s jurisprudence. No different assessment of evidence if one concludes that the disclosure satisfies article 57 in line with Board’s...

Trade Mark Law - Only the day, not the hour and minute of filing an application for a Community trade mark, is relevant to determinate which application is older.

Advertising Law - ‘Easily digestible’ accompanied by reference to reduced acidity is a prohibited “health claim” for wine. Prohibition of a correct claim warranted by the requirement to ensure a  high level of health protection for consumers

Trade Mark Law - Court of First Instance made no error in law by ruling that the mark applied for does not deviate from the standard or from what is customary in the footwear industry and therefore has no distinctive character in relation to orthopedic footwear. OHIM is not obliged to extend the examination of the...

Copyright - Distribution to the public in a Member State: when a trader targets the public in that Member State and enables delivery in that Member State, whether or not via a third party. Articles 34 and 36 TFEU do not preclude (national) criminal prosecution for prohibited distribution to the public, concluded in...

Plant Variety Rights - “Reasonable compensation” in case of infringement variety right equivalent to C-licence: fee payable in the same area for production under licence of propagating material  of same variety. "Reasonable compensation” does not include costs incurred for monitoring compliance.

Abuse of a dominant position - No economic activity public authority by acting on statutory obligations; no undertaking (abuse of dominant position)

Advertising Law - Prohibition of advertising games of chance permitted if other Member State does not provide equivalent protection of gamblers

Patent Law - Private International Law - Litigation - Possibility of irreconcilable judgments (article 6 EEX Convention) if companies are each separately accused of infringement of same national part of European patent with same product. Exclusive jurisdiction regarding validity does not preclude special jurisdiction...

Patent Law - Mere existence of earlier authorisation veterinary medicinal product does not preclude SPC for different application within basic patent. Article 13 SPC Regulation: marketing authorisation (MA) of product which is within basic patent. Irrelevant whether same active ingredient is present in two medicinal...

Trade Mark Law - EU Domain Name Law - Contractual partner who is solely authorised by proprietor trade mark to register eu-domain name, but not authorised to commercial use, is not a “licensee of prior rights” for purposes of eu-domain name registration

Trade Mark Law - Ruling on proper grounds that sign consisting of shape of a rabbit with red ribbon is devoid of any distinctive character. Registrations already made in Member States may be taken into account, but OHIM under no obligation to follow national assessments in relation to Community trade mark

Trade Mark Law - General Court has incorrectly ruled in opposition proceedings that ‘F1’ element in national trademark is generic, descriptive and devoid of any distinctive character. Validity of national trade marks not to be questioned during opposition proceedings Community trade mark. Distinctive character national...

Trade Mark Law - Actual and present harm to mark is required, which can be based on prima facie evidence of a future risk, which is not hypothetical. Reputation of the trade mark Botox with respect to each of the categories comprising the relevant public. Reputation examined in relation to the entire territory of the...

Copyright - Copyright Directive makes aspects of Berne Convention part of European Union law. The expression “by means of their own facilities” must be interpreted within the framework of European Union law. By means of their own facilities also includes third parties acting on behalf of or under the responsibility of...

Copyright - Functionality of computer program, programming language, and format of data files not a form of expression of that program; not protected by copyright. Licensee allowed to use and to analyse he program to determine the ideas and principles of program. Reproduction in computer program or user manual of...

Trade Mark Law - Private International Law - Actions relating to trade mark infringement by use of Adwords may be brought before courts of Member States in which the trade mark is registered or of the place of establishment of the advertiser

Copyright - Exhaustion of the distribution right with regard to a copy of a computer program that has been licensed for an unlimited period in return for payment of a fee. Second and subsequent acquirer of a copy of a computer program for which the distribution right is exhausted is a lawful acquirer of copy of...

Copyright - Originality: making free and creative choices and thus stamp personal touch. Copyright on database: selection or arrangement of the data which amounts to an original expression of the creative freedom of its author; not mere intellectual effort, labour an skill. Copyright on database:  Database Directive...