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...

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

Copyright - Neighbouring Rights - 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...

Copyright - Neighbouring Rights - “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...

Copyright - Publication - 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...

Trade Mark Law - Combination of descriptive words and abbreviations is devoid of distinctive character

Publication - Privacy - 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...

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

Design Law - Community design infringement: later registered Community design can infringe earlier Community design. Intention and conduct third party irrelevant for infringement.

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...

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

Trade Mark Law - 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...

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

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.

Unfair commercial practices - A possible advantage for one of the parties is no reason to annul a contract as a whole when it contains one or more unfair terms

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

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...

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...