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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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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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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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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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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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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"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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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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Balancing interest in publishing the information about arrest for cocaine possesion against TV actor's right to respect for his private life

IPPT20120207, ECHR, Axel Springer v Germany

Publication - Privacy - Balancing interest in publishing the information about arrest for cocaine possesion against TV actor's right to respect for his private life; under the circumstances no need to preserve anonymity TV actor; no bad faith publisher. Content, form and consequences of the impugned articles do …

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IPPT20120209, CJEU, Luksan v van der Let

IPPT20120209, CJEU, Luksan v van der Let

Rights to exploit a cinematographic work must by operation of law be vested in the principal director. Rebuttable presumption of transfer of rights to exploit the cinematographic work allowed. Principal director must be directly entitled to the right to fair compensation for private copying. Presumption of transfer of …

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IPPT20120119, CJEU, OHIM v Nike International

IPPT20120119, CJEU, OHIM v Nike International

Nike ought to have been granted an opportunity to prove the transfer of the earlier right R10 on which it relied in order to show that it had locus standi

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IPPT20120117, CJEU, Infopaq v DDF

IPPT20120117, CJEU, Infopaq v DDF

Acts of temporary reproduction allowed during data capture process. During  a data capture process, those acts must constitute an integral and essential part of a technological process, notwithstanding they initiate and terminate that process and involve human intervention

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Reputation and distinctive character relevant factors for making a link between marks not for similarity, not for assessment of similarity

IPPT20110324, CJEU, Ferrero v OHIM

Trade Mark Law - Article 8(5): Reputation and distinctive character relevant factors for making a link between marks not for similarity, not for assessment of similarity. Also for assessing similarity with a word mark, degree of visual and conceptual similarity needs to be determined.  Existence of family or series …

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Later registered Community design can infringe earlier Community design

IPPT20120216, CJEU, Celaya v Proyectos

Design Law - Community design infringement: later registered Community design can infringe earlier Community design. Intention and conduct third party irrelevant for infringement.

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IPPT20101216, CJEU, Natuur en Milieu v Ctgb

IPPT20101216, CJEU, Natuur en Milieu v Ctgb

Interest of protection of industrial or commercial secret may be outweighed public interest served by disclosure. Balancing exercise on a case by case basis. Term ‘environmental information’ includes information submitted for the authorisation f a plant protection product.

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IPPT20110606, USSC, Stanford v Roche

IPPT20110606, USSC, Stanford v Roche
Title to patent: The Bayh-Dole Act does not automatically vest title to federally funded inventions in federal contractors or authorize contractors to unilaterally take title to such more

IPPT20090930, USCAFC, Stanford v Roche

IPPT20090930, USCAFC, Stanford v Roche

Assignment of title: Stanford did not gain title to Holodniy’s inventions, while the VCA effected a present assignment of Holodniy’s future inventions to Cetus. Roche’s counterclaim for ownership is time-barred by statutes of limitation

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A contract containing unfair terms cannot be annuled as a whole because of possible advantages for one party

IPPT20120312, CJEU, Perenicova v SOS financ

Unfair commercial practices - A possible advantage for one of the parties is no reason to annul a contract as a whole when it contains one or more unfair terms

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