A wifi provider may be required to prevent third parties from making copyright-protected work available to the general public

IPPT20160915, CJEU, Mc Fadden v Sony

Copyright - A member state may require that a provider of access to a communication network prevents that third parties make copyright-protected work available to the general public.

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Illegality of posting hyperlinks to protected works

IPPT20160908, CJEU, GeenStijl v Sanoma

Copyright: posting hyperlinks to protected works on a website constitutes a communication to the public when those links are provided with the pursuit of financial gain by a person who knew of could reasonably have known the illegal nature of the publication...

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Tenant of sales points in market halls falls under 'intermediary' within Directive 2004/48

IPPT20160707, CJEU, Tommy Hilfiger v Delta Centre

Litigation - Tenant of sales points falls under the concept of ‘intermediary whose services are being used by a third party to infringe an intellectual property right within article 11 of the Directive.’ Injunctions toward intermediaries who provide letting...

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Flat rates for legal costs incurred by succesful party allowed when covering a significant and appropriate part

IPPT20160728, CJEU, United Video Properties v Telenet

Litigation - Directive 2004/48 allows national legislation providing that the court takes specific circumstances of the case into account whilst ordering the unsuccessful party to pay the legal costs incurred by the successful party, as well as flat rates,...

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CJEU: the General Court was just in annulling the decision by EUIPO

IPPT20160721, CJEU, EUIPO v Grau Ferrer

Litigation - Rule 50 of the Implementing Regulation cannot give discretion to the Boards of Appeal to additional evidence. Error in law by the General Court with regards to the discretion regarding additional evidence. Judgment of the General Court regarding...

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EUIPO not bound by judgment Belgian court

IPPT20160721, CJEU, Apple and Pear Australia v EUIPO

Trade Mark Law: The General Court was able to find, without erring in law, that the principle of res judicata did not mean that the EUIPO was bound by the judgment of the tribunal de commerce de Bruxelles.

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Opinion AG CJEU on the retaining of electronic communications data

IP10035

According to Advocate General Saugmandsgaard Øe, a general obligation to retain data imposed by a Member State on providers of electronic communication services may be compatible with EU law. However, it is imperative that that obligation be circumscribed by strict safeguards.

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Likelihood of confusion between "Ilja" and "Ilía natura"

IPPT20160715, EUIPO, Natura Cosmetics v Ilja Visser

Trade Mark Law - Likelihood of confusion between "Ilja" and "Ilía natura"

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Request for preliminary ruling concerning cloud computing TV programs

IP10033

Copyright Questions concerning article 5(2)(b) of directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society and directive 2000/31/EC on certain legal aspects of information society services, in...

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Rule of jurisdiction under Benelux Treaty allowed for functioning of Benelux Union

IPPT20160714, CJEU, Brite Strike

Litigation: Rule of jurisdiction of article 4.6 BCIP(court of the place of registration) as a special rule of jurisdiction is allowed under article 71 of Council Regulation No 44/2001 as indispensible to the functioning of the Benelux Union (article 350 TFEU...

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Health claims aimed at health professionals fall under the scope of Regulation 1924/2006

IPPT20160714, CJEU, Verband Sozialer Wettbewerb v Innova Vital

Advertising Law: Health claims in food commercials fall within the scope of Regulation 1924/2006, even when the commercial is not aimed at the consumers but at health professoinals.

 

 

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Request for preliminary ruling concerning exhaustion trade mark Schweppes

IP10028

Trade Mark Law. Questions referred to the Court of Justice of the European Union for a preliminary ruling concerning the exhaustion of trade mark Schweppes

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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...

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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...

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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...

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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,...

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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...

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