Shorter hourly television advertising limits for pay-TV broadcasters permitted

IPPT20130718, CJEU, Sky Italia v AGCOM

Media Law - Advertising limits: shorter hourly television advertising limits for pay-TV broadcasters permitted with due consideration of principle of proportionality.

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Obligation to pay fair compensation may not be excluded because of payment of a comparable levy in another Member State

IPPT20130711, CJEU, Amazon v Austro-Mechana

Copyright - System of indiscriminate application of private copying levy on placement on the market for commercial purposes under a pecuniary claim by all natural persons, with reimbursement permitted in case use of media does not meet levy criteria, where justified as a result of practical difficulties and the right …

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Use of domain name and metatags covered by the term “advertising”

IPPT20130711, CJEU, BEST v Visys

Advertising Law - Use of domain name and metatags can be covered by the term “advertising,” the registration of a domain name cannot.

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Fair compensation owed for reproductions effected using a printer connected to a pc

IPPT20130627, CJEU, VG Wort

Copyright - Copyright Directive not applicable to acts of using protected works between the date of entry into force 22 June 2001 and transposition date 22 december 2002

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Knowledge of foreign use insufficient to determine bad faith

IPPT20130627, CJEU, Malaysia v Dairy

Trade Mark Law - “Bad faith” is an autonomous concept of European law which must be given uniform interpretation. Irrelevant that the concept is optional. No room for specific, deviating domestic systems of protection based on knowledge of foreign mark. Knowledge of third party’s foreign use of mark which is …

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CJEU on the jurisdiction of courts of the place where a harmful event occurred

IPPT20130516, CJEU, Melzer v MF Global

Trade Mark Law - Litigation - No jurisdiction based on place where a harmful event occurred which is imputed to a presumed co-perpetrator of damage with respect to other presumed perpetrators

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Genuine use of the rectangular red element on Levi jeans

IPPT20130418, CJEU, Colloseum v Levi Strauss

Trade Mark Law - Genuine use of a registered trademark constituting one of the elements of a composite mark is possible

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Unitary patent: no abuse of the instrument of enhanced cooperation

IPPT20130416, CJEU, Spain v Council

Patent Law - Council Decision 2011/167/EU of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protection legally founded

 

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No marketing authorisation required for the preparation of ready-to-use syringes based on individual prescriptions

IPPT20130411, CJEU, Novartis v Apozyt

Pharmaceutical Law - No “new placement on the market” as a result of carrying out the preparation of ready-to-use syringes based on individual prescriptions

 

 

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Communication to the public may also include retransmission of an internetstream

IPPT20130331, CJEU, ITV v TVCatchup

Copyright - Communication to the public through direct retransmission of internet stream of television broadcast by another organisation: - Funding by advertising and profit-making nature of retransmission not influential - Unimportant whether organisations compete

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Opposition against later registered Community trademark possible without declaration of invalidity beforehand

IPPT20130221, CJEU, FCI v FCIPPR

Trade Mark Law - Opposition against a later registered Community trademark possible without the need for a declaration of invalidity beforehand

 

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Greek games of chance monopoly and the freedom to provide services?

IPPT20130124, CJEU, Stanleybet v Ypourgos

Games Of Chance - The freedom to provide services and the freedom of establishment preclude national legislation on games of chance: examination by national authorities?

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Limited compensation for short news reports of major events justified

IPPT20130122, CJEU, Sky Osterreich v ORF

Copyright - Article 16 (freedom to conduct a business) and article 17 (acquired legal position) of Charter do not preclude limited compensation for short news reports of major events under article 15(6) of Audivisual Media Services Directive: priority is given to the public access to information over contractual …

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The Court has jurisdiction to fully review decisions by OHIM and CPVO

IPPT20121219, CJEU, Elaris and Brookfield v Schniga

Plant Variety Rights - Litigation - Legality decisions: general Court can review legality decisions CPVO by examining whether characterisation of facts was flawed. Descretions CPVO: CPVO has decretion to make separate request for plant material  to be examined and for documentary evidence relating to it and to make …

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Unfair Commercial Practices Directive does not preclude the application of a national provision against publishers

IPPT20131017, CJEU, RLvS v Stuttgarter Wochenblatt

Unfair Commercial Practices - Advertisements: unfair Commercial Practices Directive does not preclude the application of a national provision under which those publishers are required to use the term ‘advertisement’ for advertisements, unless it is evident from arrangement and layout of the publication that it is …

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Sufficient similarity between 'SEVEN FOR ALL MANKIND' and 'SEVEN'

IPPT20130221, CJEU, Seven for all Mankind v Seven

Trade Mark Law - The mere fact that there are multiple trade mark registrations within the EU including the word ‘seven’ or number ‘7’ is not sufficient to establish the weak distinctive character of those marks.

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Territorial borders of Member States should be disregarderd by genuine use in the Community

IEPT20121219

Trade Mark Law - Genuine use in the Community: territorial borders of Member States should be disregarded

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CJEU on the abuse of a dominant position by AstraZeneca

IPPT20121206, CJEU, AstraZeneca v European Commission

Patent Law - Competition Law - Development product market and substitution of importance. Price comparison of H2-blockers and PPI’s of identical treatment period irrelevant in case of absence of competitive constraint due to therapeutic superiority PPI’s. First abuse: knowingly trying to mislead patent offices and …

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CJEU on the obligation of the supplier to provide information on the protected varieties

IPPT20121115, CJEU, RWZ v STV

Plant Variety Rights - Establishing and scope of obligation supplier of processing services to provide information on protected varieties. Request for information to supplier or processing services does not need to contain evidence of obligation of farmer to comply.

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Unfair commercial practice by giving the false impression that consumer has already won a prize when he first has to incur costs to claim it

IPPT20121018, CJEU, Purely Creative

Advertising Law - Unfair Commercial Practices - Unfair commercial practice when giving the false impression that consumer has already won a prize, while consumer has to incur (minimal) costs first to claim the prize

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