Also courts other than the Community design courts have jurisdiction in interim proceedings on Community designs

IPPT20191121, CJEU, Spin Master

Design law - Private International Law - Article 90(1) of the Community Designs Regulation provides that the courts of the Member States which have jurisdiction to order provisional or protective measures in respect of a national design shall also have jurisdiction to order such measures in respect of a Community …


WIPO has launched a public consultation process on artificial intelligence and intellectual property policy


WIPO press release: "The World Intellectual Property Organization (WIPO) today launched a public consultation process on artificial intelligence (AI) and intellectual property (IP) policy, inviting feedback on an issues paper designed to help define the most-pressing questions likely to face IP policy makers as …


The sale of second-hand e-books through a website constitutes a communication to the public

IPPT20191219, CJEU, NUV v Tom Kabinet

Copyright - The supply to the public by downloading, for permanent use, of an e-book is covered by the concept of ‘communication to the public’.


Foodstuffs from occupied territories may not carry the predicate 'from Israel'

IPPT20191112, CJEU, Organisation juive européenne v ministre de l'Économic

Consumer Law - Foodstuffs originating in territories occupied by the State of Israel bear the indication of their territory of origin, accompanied, where those foodstuffs come from an Israeli settlement within that territory, by the indication of that provenance. It follows from Regulation No 1169/2011 (on the …


Terms "aceto" and "balsamico" in PGI Aceto Balsamico di Modena are not protected

IPPT20191204, CJEU, Aceto Balsamico di Modena

Protected designation of origin - geographical indications - The protection of the name ‘Aceto Balsamico di Modena’ does not extend to the use of the non-geographical terms of that name such as ‘aceto’ and ‘balsamico’ and ‘aceto’ and ‘balsamico’ are common terms.


CJEU: insufficient motivation concerns a procedural error that can lead to revocation of the decision of the Board of Appeal of EUIPO

IPPT20191031, CJEU, Repower v EUIPO

Trade Mark Law - Appellant has sufficient interest in appeal: annulment of the contested revocation decision would be in the appellant’s favour. Error in law of General Court to base the revocation decision on the general principle of law that permits the revocation of unlawful administrative acts instead of Article …


Preliminary reference in relation to the interpretation of i.a. article 14 Enforcement Directive

Case law

Case C-785/19: Koch Media GmbH v HC. Landgericht Saarbrücken - Germany.


Litigation. Preliminary reference on the interpretation of Article 14, 13 and 3 of the Enforcement Directive, Article 8 of the Copyright Directive and Article 7 of the Computer Program Directive. 


Preliminary questions:

"1. a) Is …


EUIPO Report about Online copyright infringement in the EU


From the executive summary: "The analysis is based on a rich set of data on access to pirated music, film and TV programmes in all 28 Member States, for the period January 2017 to September 2018. The data covers both fixed and mobile devices, as well as the main access methods: streaming, downloads, torrents and …


EUIPO Report about illegal IPTV in the EU


From the executive summary:

"Assessment has been carried out for the whole EU-28 market as well as for each Member State. Main findings suggest that:

- 3.6 % Europeans (13.7 million of the EU-28 population) stream unauthorised IPTV

- EUR 941.7 million Unlawful revenue generated by copyright infringing IPTV …


Preliminary questions on the extent of the necessary disclosure prior to the registration of an Unregistered Community Design and the determination of the date for assessing the novelty of a design

Case law

Case C-728/19: Beverly Hills Teddy Bear v PMS International Group PLC. High Court of Justice (Chancery Division) - United Kingdom.


Design Law. Preliminary reference on the interpretation of Articles 5(1)(a), 7(1) and 11 of Council Regulation (EC) No. 6/2002 of 12 December 2001.


Preliminary questions:


The use of an individual trade mark as a geographical designation of origin is not genuine use

IPPT20191017, CJEU, Landwirtschaftskammer Steiermark v EUIPO

Trade Mark Law - No use corresponding to essential function of a individual trade mark when the trade mark is used in such a way as to guarantee the geographical origin and characteristics of the goods belonging to different manufacturers which are attributable to the origin, but the goods are not manufactured under …


Google is not required to carry out worldwide de-referencing of its search engine when "the right to be forgotten" is exercised

IPPT20190924, CJEU, Google v CNIL

Privacy - Google is not required to carry out worldwide de-referencing on all versions of its search engine – by a request or order for de-referencing: in a globalised world may access outside the Union likely have effects within the Union itself, numerous third States do not recognize the right to de-referencing, …


A-G Saugmandsgaard Øe: in the period between publication of the application for a plant variety right and its grant, the breeder is free to grow and to harvest and sell the products

Case law

The referring court asks, in essence, whether, when a farmer, in the period between the publication of the application for a plant variety right and the grant of that right, has purchased saplings of a protected variety from a breeder, the planting of those trees and the subsequent harvesting and selling of the fruits …


Preliminary questions on whether a court is to be regarded as falling within the scope of the term ‘public’

Pending Case law

Case C-637/19. BY. Preliminary questions Svea Hovrätt – Sweden.


Copyright - Preliminary questions. "1. Does the term ‘public’ in Articles 3(1) and 4(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related …


General Court confirms the cancellation of Rubik’s Cube’s three-dimensional EU trade mark

Case law

Curia press release: “[…] As regards the analysis of the functionality of the essential characteristics of the mark at issue, the General Court considers, like EUIPO, that the essential characteristic consisting of the black lines which intersect, horizontally and vertically, on each of the faces of the cube, …


A-G CJEU: trade mark may not be declared invalid on the sole ground that the specification of goods and services lack sufficient clarity and precision

Case law

Case C-371-18 Sky v Skykick. Opinion A-G Tanchev.


Trade Mark Law -  Sky is the registered proprietor of a number of EU trade marks “SKY”, among which two figurative marks. Sky contends that Skykick have infringed these EU trade marks. SkyKick denies infringement and issued a counterclaim for a declaration …


CJEU about the concept of “appropriate compensation” in the Enforcement Directive after unjustified interim measures

IPPT20190912, CJEU, Bayer v Richter Gedeon

Litigation - Concept of “appropriate compensation” must be given an independent and uniform interpretation: when the terms of a provision of EU law  makes no express reference to the law of the Member States its meaning and scope must normally be given an independent and uniform interpretation throughout the …


Design-law repair clause does not provide for a deviation from provisions of the Trademark Directive and the Community Trademark Regulation

IPPT20151006, CJEU, Ford v Wheeltrims

Trade Mark Law - A manufacturer of replacement parts and accessories for motor vehicles that affixes a sign identical to a trade mark registered for to its products without permission can not invoke the repair clause pursuant to article 14 Designs Directive and article 110 Community Designs Regulation: mentioned …


CJEU on examination of distinctive character of a mark applied for, which has not yet been used

IPPT20190912, CJEU, Darferdas

Trade Mark Law - In examining the distinctive character of a sign in respect of which registration as a trade mark is sought, all the relevant facts and circumstances must be taken into account, including all the likely types of use of the mark applied for. In the absence of other indications to the types of use, the …


CJEU about bad faith

IPPT20190912, CJEU, Koton v EUIPO

Trade Mark Law - Bad faith (article 52(1) under b) CTMR (former)): when one has the intention of undermining, in a manner inconsistent with honest practices, the interests of third parties, or with the intention of obtaining an exclusive right for purposes other than those falling within the functions of a trade mark, …