Reasonable compensation does not include costs incurred for monitoring compliance

IPPT20120705, CJEU, Geistbeck v Saatgut

Plant Variety Rights - “Reasonable compensation” in case of infringement variety right equivalent to C-licence: fee payable in the same area for production under licence of propagating material  of same variety. "Reasonable compensation” does not include costs incurred for monitoring compliance.

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No economic activity public authority by acting on statutory obligations

IPPT20120712, CJEU, Compass-Datenbank v Republik Osterreich

Abuse of a dominant position - No economic activity public authority by acting on statutory obligations; no undertaking (abuse of dominant position)

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Partner who is not authorised to commercial use of a trade mark is not a 'licensee of prior rights' for purposes of eu-domain name registration

IPPT20120719, CJEU, Pie Optiek v Bureau Gevers

Trade Mark Law - EU Domain Name Law - Contractual partner who is solely authorised by proprietor trade mark to register eu-domain name, but not authorised to commercial use, is not a “licensee of prior rights” for purposes of eu-domain name registration

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Mere existence of earlier authorisation veterinary medicinal product does not preclude SPC for different application within basic patent

IPPT20120719, CJEU, Neurim v Comptroller-General of Patents

Patent Law - Mere existence of earlier authorisation veterinary medicinal product does not preclude SPC for different application within basic patent. Article 13 SPC Regulation: marketing authorisation (MA) of product which is within basic patent. Irrelevant whether same active ingredient is present in two medicinal …

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Irreconcilable judgments are possible in cases of infringement by companies of same national part of European Patent with same product

IPPT20120712, CJEU, Solvay v Honeywell

Patent Law - Private International Law - Litigation - Possibility of irreconcilable judgments (article 6 EEX Convention) if companies are each separately accused of infringement of same national part of European patent with same product. Exclusive jurisdiction regarding validity does not preclude special jurisdiction …

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No equivalent protection of gamblers in different Member States

IPPT20120712, CJEU, Hit Larix v Bundesminister

Advertising Law - Prohibition of advertising games of chance permitted if other Member State does not provide equivalent protection of gamblers

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Distribution to the public in a Member State when the public is targetted and delivery is enabled, whether or not via a third party

IPPT20120621, CJEU, Donner

CopyrightDistribution to the public in a Member State: when a trader targets the public in that Member State and enables delivery in that Member State, whether or not via a third party. Articles 34 and 36 TFEU do not preclude (national) criminal prosecution for prohibited distribution to the public, concluded in …

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Actual and present harm to a mark is required and cannot be hypthetical

IPPT20120510, CJEU, L'Oreal v OHIM

Trade Mark Law - Actual and present harm to mark is required, which can be based on prima facie evidence of a future risk, which is not hypothetical. Reputation of the trade mark Botox with respect to each of the categories comprising the relevant public. Reputation examined in relation to the entire territory of the …

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General Court has incorrectly ruled in opposition proceedings that ‘F1’ element in national trademark is generic, descriptive and devoid of any distinctive character

IPPT20120524, CJEU, Formula One v OHIM

Trade Mark Law - General Court has incorrectly ruled in opposition proceedings that ‘F1’ element in national trademark is generic, descriptive and devoid of any distinctive character. Validity of national trade marks not to be questioned during opposition proceedings Community trade mark. Distinctive character …

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Sign consisting of the shape of a rabbit with red ribbon is devoid of any distinctive character

IPPT20120524, CJEU, Lindt v OHIM

Trade Mark Law - Ruling on proper grounds that sign consisting of shape of a rabbit with red ribbon is devoid of any distinctive character. Registrations already made in Member States may be taken into account, but OHIM under no obligation to follow national assessments in relation to Community trade mark

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The expression “by means of their own facilities” must be interpreted within the framework of European Union law

IPPT20120426, CJEU, TV2 Denmark v NCB

Copyright - Copyright Directive makes aspects of Berne Convention part of European Union law. The expression “by means of their own facilities” must be interpreted within the framework of European Union law. By means of their own facilities also includes third parties acting on behalf of or under the …

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Functionality of computer program, programming language, and format of data files not a form of expression of that program is not protected by copyright

IPPT20120502, CJEU, SAS v World Programming

Copyright - Functionality of computer program, programming language, and format of data files not a form of expression of that program; not protected by copyright. Licensee allowed to use and to analyse he program to determine the ideas and principles of program. Reproduction in computer program or user manual of …

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Approval sale of 'used' software

IPPT20120703, CJEU, UsedSoft v Oracle

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 …

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Trade mark infringement by use of Adwords cases may be brought before courts of registered member states or place of establishment of advertiser

IPPT20120419, CJEU, Wintersteiger v Products 4U

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

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Copyright on database when there is a selection or arrangement of the data which amounts to an original expression of the creative freedom of its author

IPPT20120301, CJEU, Football Dataco v Yahoo

Copyright - Originality: making free and creative choices and thus stamp personal touch. Copyright on database: selection or arrangement of the data which amounts to an original expression of the creative freedom of its author; not mere intellectual effort, labour an skill. Copyright on database:  Database Directive …

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

IPPT20120419, CJEU, Bonnier Audio v ePhone

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

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Injunction against hosting service provider to install contested filtering system precluded

IPPT20120216, CJEU, SABAM v Netlog

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 …

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"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

IPPT20120315, CJEU, SCF v Del Corso

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 …

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Combination of descriptive words and abbreviations is devoid of distinctive character

IPPT20120315, CJEU, Securvita v Oko-Invest

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

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Hotel operator which provides televisions/radios is a user making a communication to the public

IPPT20120315, CJEU, PPI v Ireland

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 …

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