Obligation to indicate total price not in conflict with freedom to conduct business

IPPT20160630, CJEU, Lidl v Freistaat Sachsen

Unfair Commercial Practices: Obligation to indicate total price and price per weight unit on labels is not in conflict with the freedom to conduct a business ex article 6(1) TEU and article 15(1) and 16 of the Charter. Obligation to provide information on labels of the same article concerning the marketing standards …

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Licensee can bring proceedings for infringement of a design although the licence is not registered

IPPT20160622, CJEU, Thomas Philipp v Grunne Welle

Design Law: licensee may bring proceedings alleging infringement although that licence has not been entered in the register. Licensee can claim damages for its own loss under Article 32(3) CD-Regulation.

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Reasonable compensation in case of unlawful act before publication registration mark

IPPT20160622, CJEU, Nikolajeva v Multi Protect

Trade Mark LawEU trade mark court not held to prohibit from proceeding with acts of infringement of a trade mark when the proprietor of such a trade mark has not applied for such an order (Article 102 CTM-Regulation). No compensation possible in respect of acts of third parties occurring before publication for …

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Additional request for renewal relating to other goods and services is possible

IPPT20160622, CJEU, Nissan Jidosha v EUIPO

Trade Mark Law: A request for renewal relating to certain classes of goods or services (art. 47(3) Regulation 207/2009).

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Financial damage caused by unlawful act in other Member State no reason to appoint 'place where the harmful event occured'

IPPT20160616, CJEU, Universal Music

Litigation - ‘Place where the harmful event occured’ is not the domicile and place where applicant’s assests are concentrated for the sole reason that applicant has suffered financial damage, when this damage is a direct cause of an unlawful act in another Member State

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"Reasonable compensation" covers all damage connected to pay the license fee, including payment of default interest

IPPT20160609, CJEU, Hansson v Jungpflanzen Grunewald

Plant Variety: Damages under article 94 of Regulation No 2100/94 cover any damage except an ‘infringer supplement’ or a restitution of gains and profits made by an infringer. "Reasonable compensation" covers all damage connected to pay the license fee, including payment of default interest. Damages under article …

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Fair compensation for private purposes financed from the General State Budget is not allowed

IPPT20160609, CJEU, EGEDA v Estado

Copyright: Article 5(2)(b) of Directive 2001/29 does not allow financing fair compensation from the General State Budget.

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"Act of communication to the public" in revalidation centre

IPPT20160531, CJEU, Reha Training v Gema

Copyright Law - Uniform interpretation of “Communication to the public” in article 3(1) Directive 2001/29/EC and article 8 Directive 2006/115/EC. Act of communication to the public in case of intentionally transmitting copyright protected works by an operator of a rehabilitation centre to patients via television …

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Vacancies for judges Unified Patent Court published.

IP10020

From the press release: "The recruitment of legally qualified and of technically qualified judges of the Unified Patent Court (Court of First Instance and Court of Appeal) has been launched with the publication of the vacancy notices in English, French, and German. The deadline for applications is 4 July 2016.

The …

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EUIPO report on infringement of protected geographical indications in the European Union

IP10017

In the European Union (EU), Geographical Indications (GIs) for wine, spirits, agricultural products and foodstuffs are protected as sui generis intellectual property rights that act as certification that certain products possess particular qualities, characteristics or reputation essentially attributable to their …

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No facts and circumstances affecting the validity of the directive

IPPT20160504, CJEU, Pillbox v Secretary of State for Health

Advertising Law: no factors of such a kind as to affect the validity of Article 20 of Directive 2014/40 on the manufacture, presentation and sale of tobacco and related products.

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Payment claim in case of fair compensation is defined as tort commitment

IPPT20160421, CJEU, Austro-Mechana v Amazon

Private International Law: All actions which seek to establish the liability of a defendant are the concept of ‘matters relating to tort delict of quasi-delict’. A claim seeking to obtain ‘fair compensation’ for reprographic reproduction or reproduction for private use due by virtue of national law falls …

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Google Books just won a decade-long copyright fight

IP10015

The decade-long legal fight over Google's effort to create a digital library of millions of books is finally over.

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Appeal against judgment that there was no genuine use of the word mark 'SMART WATER' dismissed

IPPT20160317, CJEU, Naazneen v OHIM

Trade Mark Law - Litigation- The applicant’s arguments are essentially based on a misreading of the judgment of the General Court or concern factual findings of the General Court, which do not fall within the jurisdiction of the CJEU

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Directive 2004/38 permits claims for compensation of moral prejudice as well as material damage

IPPT20160317, CJEU, Liffers v Mediaset

Liability - Damages must be calculated based on hypothetical royalties and any moral prejudice.

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No use of trade mark in website advertisements after ending trade mark use agreement

IPPT20160303, CJEU, Daimler

Trade Mark Law - Third party, who is named in an advertisement on a website, which contains a sign identical or similar to a trade mark in such a way as to give the impression that there is a commercial relationship between him and the proprietor, makes no use of the mark (Article 5(1)(a) and (b) of the Trade Marks …

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Opinion A-G CJEU on nutrition and health claims

IP10032

Advertising Law - Opinion A-G Saugmandsgaard Øe on nutrition and health claims made in communications exclusively addressed to the professional sector. Article 1(2) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods.

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'Black seconds' included in maximum share of 20% per clock hour for television advertising

IPPT20160217, CJEU, Sanoma v Viestintävirasto

Advertising Law - A split screen that shows the closing credits of a television programme in one column and a list presenting the supplier’s upcoming programmes in the other, in order to separate the programme which is ending from the television advertising allowed when it meets the requirements set out in Article …

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Judgment on the likelihood of confusion between the figurative parallel stripes remains intact

IPPT20160217, CJEU, Shoe Branding Europe v OHIM

Trademark law - The General Court carried out a global assessment. To assess the degree of similarity between marks, it is necessary to determine the degree of visual, aural or conceptual similarity to between them.

 

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Unregistered license Community trade mark may bring proceedings alleging infringement

IPPT20160204, CJEU, Hassan v Breiding

Trade Mark Law - Unregistered license Community trade mark may bring proceedings alleging infringement

 

 

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