Opinion A-G Szpunar on parallel actions based on EU and national trade marks

Pending Case law

C-231/16, Merck v Merck, Opinion of A-G M. Szpunar. Prejudicial questions Landesgericht Hamburg.



Sale of multimediaplayer which offers access to unauthorised content through pre-installed add-ons is a communication to the public

IPPT20170426, CJEU, Brein v Filmspeler

Copyright - The sale of a multimedia player on which add-ons are installed that link to websites on which protected works are made available to internet users without the consent of the copyright holders, constitutes 'communication to the public'.


Request for a preliminary ruling concerning supplementary protection certificates

Pending Case law

Patent Law. C-121/17. Teva UK, Accord Healthcare Limited, Lupin Limited, Lupin Europe Limited, Generics (UK) Limited and Gilead Sciences Inc. Request for a preliminary ruling. High Court of Justice (Chancery Division) - United Kingdom.


In a case concerning certificates for medicinal products, the High Court of …


No error of law by the General Court with regard to the earlier business name Forge de Laguiole

IPPT20170503, CJEU, EUIPO and Forge de Laguiole v Szajner

Trade Mark Law - Litigation. No error of law by the General Court in demarcating Forge de Laguiole’s business sectors in order to determine the scope of protection of the earlier business name FORGE DE LAGUIOLE


Preliminary questions on the inclusion of royalties and licence fees in the customs value

IPPT20170309, CJEU, GE Healthcare v Hauptzollamt Dusseldorf

Licence Fees, Customs Value - Article 32 (1) (c) of the Customs Code first does not require the amount of royalties to be determined at the time when an agreement is concluded or when the customs debt is incurred, in order for those royalties to be regarded when the value is to be determined.


Dissemination of broadcasts national broadcaster on its national territory is not communicating with a new public

IPPT20170316, CJEU, AKM v Zurs

Copyright - Full and unaltered transmission of programmes broadcast by the national broadcasting corporation, by means of cables on national territory, is not subject to the requirement that authorisation be obtained from the author, provided that it is merely a technical means of communication and was taken into …


No exception for works broadcast on television channels subject to public service obligations

IPPT20170301, CJEU, ITV v TV Catchup

Copyright - National legislation which states that there is no copyright infringement in the case of the immediate retransmission by cable including, where relevant, via the internet, in the area of initial broadcast, of works broadcast on television channels subject to public service obligations is contrary to …


Rule set out in CIPA v Registrar judgment not applicable to registration of trade marks before delivery of that judgment

IPPT20170216, CJEU, Brandconcern v Scooters India

Trade Mark Law - General Court did not commit an error in law by granting Scooters India protection for all goods listed in the alphabetical list of class 12.


TV & radio broadcasts on TV sets in hotel rooms do not constitute a communication made in a place accessible to the public against payment of an entrance fee

IPPT20170216, CJEU, Rundfunk v Hettegger Hotel Edelweiss

Copyright - The communication of television and radio broadcasts by means of TV sets installed in hotel rooms does not constitute a communication made in a place accessible to the public against payment of an entrance fee.


CJEU on advertisement comparing prices of goods sold in shops with different sizes or formats

IPPT20170208, CJEU, Carrefour v ITM

Advertising Law - Advertising comparing the prices of goods sold in shops having different sizes or formats, is liable to be unlawful, where those shops are part of retail chains each of which includes a range of shops having different sizes or formats and where the advertiser compares the prices charged in shops …


Opinion CJEU about Marrakesh Treaty

IPPT20170214, CJEU, Opinion Marrakesh Treaty

Copyright - Opinion - The conclusion of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled falls within the exclusive competence of the European Union because the body of obligations laid down by the Marrakesh Treaty falls within an …


General retention of user's data relating to electronic communication in breach with Directive on privacy and electronic communications

IPPT20161221, CJEU, Tele2 Sverige and Tom Watson

Privacy - National legislation providing for general and indiscriminate retention of all traffic and location data of subscribers and registered users relating to all means of electronic communication in breach with Directive on privacy and electronic communications


Proprietor EU trade mark does not have to prove genuine use within five years following registration

IPPT20161221, CJEU, Länsförsäkringar v Matek

Trade Mark Law - Based on Article 9(1)(b) of Regulation No 207/2009, read in conjunction with Articles 15(1) and 51(1)(a) of that regulation, a proprietor may, in case of likelihood of confusion, prevent third parties from using a sign identical or similar to his mark for identical or similar goods and services within …


Transitional measure of food- and health Regulation is applicable to foodstuff sold as a medical product before January 2005

IPPT20161123, CJEU, Nelsons v Ayonnax

Advertising Law - The transitional measure of article 28(2) of Regulation No 1924/2006 on food- and health claims for foodstuff is applicable to a foodstuff which was sold as a medicinal product before 2005 and was afterwards sold as a foodstuff under the same trademark or brand name.




French legislation about 'out-of-print' books in breach of Directive 2001/29

IPPT20161116, CJEU, Soulier and Doke

Copyright: French legilsation which authorizes an approved collecting society to reproduce and commercially exploit out-of-print books and gives authors the right to oppose only under certain circumstances is in breach of Directive 2001/29.




Trade mark proprietor cannot oppose trade of repackaged medicine when the medicine cannot be marketed in the same outer packaging in the importing State

IPPT20161110, CJEU, Ferring v Orifarm

Trade Mark Law: Trademark proprietor cannot oppose the trade of a repackaged medicine when a) the medicine cannot be marketed in the importing State in the same outer packaging as in the exporting State and b) when the importer has demonstrated that the imported product can only be marketed in a limited part of the …


General Court has to take into consideration the non-visible functional elements of the Rubik's Cube

IPPT20161110, CJEU, Simba Toys v EUIPO

Trade Mark Law - The EUIPO and the General Court should have taken into consideration the non-visible functional elements of the object, such as the rotating capability, when investigating the functional nature of the object


CJEU: General Court unclear in its considerations on the laudatory character of the word 'So'

IPPT20161027, CJEU, Debonair v EUIPO

Trade Mark Law - The General Court infringed its obligation to state reasons by presenting contradicting statements on the laudatory character of the word ‘so’ in its reasoning


Dividing subscription fees into monthly and six-monthly components must be regarded as misleading

IPPT20161026, CJEU, Canal Digital

Advertising Law: Dividing the price of a product into several components and highlighting one of them must be regarded as misleading.


Revocation earlier mark rightly not taken into consideration to assess likelihood of confusion

IPPT20161026, CJEU, Westermann v EUIPO

Trade Mark Law - The General Court did not err in law by not taking in consideration the revocation of the old trademark in the decision on likelihood of confusion.