ECJ, FEIA v Cul de Sac

IPPT1
Proprietor of the right to an unregistered design: The right to the Community design vests in the designer, unless it has been assigned by way of contract to his successor in title. Principal is not the proprietor of the right to the Community more

IPPT20090618, ECJ, L'Oreal v Bellure

IPPT20090618, ECJ, L'Oreal v Bellure
Comparison lists: Unfair advantage where the third party seeks to ride on the coat-tails of the mark with a reputation in order to benefit from the power of attraction, the reputation and the prestige of that mark and to exploit, without paying any financial compensation, the marketing effort expended by the … more

IPPT20090611, ECJ, Lindt & Sprungli v Frans Hauswirth

IPPT20090611, ECJ, Lindt & Sprungli v Frans Hauswirth
Registration in bad faith: Take into consideration all the relevant factors specific to the particular case which pertained at the time of filing the application: (i) the fact that the applicant knows or must know that a third party is using an identical or similar sign (ii) the applicants intention to prevent that … more

Preliminary ruling about the possibility of anti-competitive effect and establishing the presumption of a causal connection

IPPT20090604, ECJ, T-Mobile v NMa

Competition law - Case C-8/08. Preliminary ruling. College van Beroep voor het bedrijfsleven (Netherlands). A concerted practice pursues an anti‑competitive object for the purposes of Article 81(1) EC where it is capable of resulting in the prevention, restriction or distortion of competition: not necessary for …

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IPPT20090507, ECJ, Rotterdam v Rijkeboer

IPPT20090507, ECJ, Rotterdam v Rijkeboer
Rules limiting the storage of information on the recipients of personal data and on the content of the data disclosed to a period of one year and correspondingly limiting access to that information, while basic data is stored for a much longer period, do not constitute a fair balance of the interest and obligation at … more

IPPT20090430, ECJ, BIOS v Saarland

IPPT20090430, ECJ, BIOS v Saarland
Not a medicinal product by function where it constitutes a risk to health: A product which includes in its composition a substance which has a physiological effect when used in a particular dosage is not a medicinal product by function where it constitutes a risk to health without, however, being capable of restoring, … more

Prohibiting sales to discount stores that are not part of a selective distribution network possible

IPPT20090423, ECJ, Copad v Dior

Trade Mark Law - Prohibiting sales to discount stores possible: It is conceivable that the sale of luxury goods by the licensee to third parties that are not part of the selective distribution network might affect the quality itself of those goods, so that a contractual provision prohibiting such sale must be …

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Effect on trade between Member States serves as a criterion to define the scrope of Community competition law

IPPT20090423, CJEU, AEPI v Commission

Comptetition Law - As for the concept of serious impediments to the proper functioning of the common market, it may constitute one of the criteria for evaluating whether there is sufficient Community interest to necessitate the investigation of a complaint by the Commission. The effect on trade between Member States …

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IPPT20090423, CJEU, VTB-VAB v Total Belgium and Galatea v Sanoma

IPPT20090423, CJEU, VTB-VAB v Total Belgium and Galatea v Sanoma

Marketing Law - General prohibition of combined offers is not permissible: The Directive must be interpreted as precluding national legislation which, with certain exceptions, and without taking account of the specific circumstances, imposes a general prohibition of combined offers made by a vendor to a consumer. Full …

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IPPT20090423, ECJ, Falco Privatstiftung and Rabitsch v Weller-Lindhorst

IPPT20090423, ECJ, Falco Privatstiftung and Rabitsch v Weller-Lindhorst
A license is not a contract for the provision of services: A contract under which the owner of an intellectual property right grants its contractual partner the right to use that right in return for remuneration is not a contract for the provision of services within the meaning of Article 5(1)(b) of Regulation … more

Dissemination by a third party of information about a medicinal product may be regarded as adversiting

IPPT20090402, ECJ, Damgaard

Advertising Law  - Pharmaceutical Law - Dissemination by a third party of information about a medicinal product, including its therapeutic or prophylactic properties, may be regarded as advertising, even though the third party in question is acting on his own initiative and completely independently, of the …

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Handover of journalistic materials proportionate given the nature and seriousness of the crimes

IPPT20090331, ECHR, Sanoma v The Netherlands

Publication - handover of journalistic materials proportionate given the nature and seriousness of the crimes: ramming wall with a shovel. The actions of the police and the public prosecutors were characterised by a regrettable lack of moderation. Even so the reasons advanced for the interference complained of were …

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Acquisition of prototypes and management of intellectual property is not an economic activity since there is no offer of goods or services

IPPT20090326, ECJ, Selex v Commission - Eurocontrol

Competition Law - The acquisition of prototypes and the related management of intellectual property rights does not make that activity an economic one, since the acquisition did not involve the offer of goods or services on a given market. Eurocontrol granted licences at no cost, which indicated that the management …

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Budvar's evidence clearly sufficient to prove genuine use of earlier international work mark BUDWEISER

IPPT20090325, CFI, Anheuser-Busch v OHIM - Budweiser

Trade Mark Law - The Board of Appeal referred, in particular, to advertisements showing images of Budvar beer bearing the mark BUDWEISER, to invoices sent to customers in Germany and Austria and to the fact that those advertisements and invoices related to the relevant period. Stated reasons for obvious similarities …

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Requirement to publish qualification to article in internet archive is no interference with freedom of expression

IPPT20090310, ECHR, Times Newspapers v The United Kingdom

Publication - Privacy - Requirement to publish qualification to an article contained in an Internet archive does not constitute a disproportionate interference with the freedom of expression.

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Physical and technical characteristics in a databse may be interpreted as indication of extraction

IPPT20090305, ECJ, Apis v Lakorda

Database Rights - The fact that the physical and technical characteristics present in the contents of a database also appear in the contents of another database may also be interpreted as an indication of the existence of a transfer between the two databases and therefore, of an extraction.

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Proprietor has a right to prevent use by a third party of a sign identical to his mark

IPPT20090219, CJEU, UDV v Brandtraders

Trade Mark LawThe fact that the third party at issue uses a sign which is identical with a registered mark in relation to goods which are not its own goods, in that it does not have title to them, is not relevant and can therefore not mean by itself that that use does not fall under the concept of ‘use’.

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Protection for rights of phonogram producers if the work was protected in a Member State

IPPT20090120, ECJ, Sony v Falcon

Neighbouring Rights - Private International Law - Conflict of Laws - Rights of phonogram producers: The holder of the rights, who is a national of a non-Member State, enjoys protection in a situation where the work or subject-matter at issue was, on 1 July 1995, protected as such in at least one Member State under …

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A product is a medicinal product if it restores, corrects or modifies physiological functions

IPPT20090115, ECJ, Hecht-Pharma v Bezirksregierung Luneburg

Pharmaceutical Law - A product cannot be regarded as a medicinal product where, it is incapable of appreciably restoring, correcting or modifying physiological functions. No medicinal product in case of doubt: The directive does not apply to a product in respect of which it has not been scientifically established that …

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No genuine use in case of distribution free of charge

IPPT20090115, Siberquelle v Maselli-Strickmode - Wellness

Trade Mark LawWhere the proprietor of a mark affixes that mark to items that it gives, free of charge, to purchasers of its goods, it does not make genuine use of that mark in respect of the class covering those items.

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