TV & radio broadcasts on TV sets in hotel rooms do not constitute a communication made in a place accessible to the public against payment of an entrance fee

IPPT20170216, CJEU, Rundfunk v Hettegger Hotel Edelweiss

Copyright - The communication of television and radio broadcasts by means of TV sets installed in hotel rooms does not constitute a communication made in a place accessible to the public against payment of an entrance fee.

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CJEU on advertisement comparing prices of goods sold in shops with different sizes or formats

IPPT20170208, CJEU, Carrefour v ITM

Advertising Law - Advertising comparing the prices of goods sold in shops having different sizes or formats, is liable to be unlawful, where those shops are part of retail chains each of which includes a range of shops having...

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Opinion CJEU about Marrakesh Treaty

IPPT20170214, CJEU, Opinion Marrakesh Treaty

Copyright - Opinion - The conclusion of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled falls within the exclusive competence of the European Union because the body...

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General retention of user's data relating to electronic communication in breach with Directive on privacy and electronic communications

IPPT20161221, CJEU, Tele2 Sverige and Tom Watson

Privacy - National legislation providing for general and indiscriminate retention of all traffic and location data of subscribers and registered users relating to all means of electronic communication in breach with Directive on privacy and electronic...

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Proprietor EU trade mark does not have to prove genuine use within five years following registration

IPPT20161221, CJEU, Länsförsäkringar v Matek

Trade Mark Law - Based on Article 9(1)(b) of Regulation No 207/2009, read in conjunction with Articles 15(1) and 51(1)(a) of that regulation, a proprietor may, in case of likelihood of confusion, prevent third parties from using a sign identical or similar...

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Transitional measure of food- and health Regulation is applicable to foodstuff sold as a medical product before January 2005

IPPT20161123, CJEU, Nelsons v Ayonnax

Advertising Law - The transitional measure of article 28(2) of Regulation No 1924/2006 on food- and health claims for foodstuff is applicable to a...

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French legislation about 'out-of-print' books in breach of Directive 2001/29

IPPT20161116, CJEU, Soulier and Doke

Copyright: French legilsation which authorizes an approved collecting society to reproduce and commercially exploit out-of-print books and gives authors the right to oppose only under certain circumstances is in breach of Directive 2001/29.

 

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Trade mark proprietor cannot oppose trade of repackaged medicine when the medicine cannot be marketed in the same outer packaging in the importing State

IPPT20161110, CJEU, Ferring v Orifarm

Trade Mark Law: Trademark proprietor cannot oppose the trade of a repackaged medicine when a) the medicine cannot be marketed in the importing State in the same outer packaging as in the exporting State and b) when the importer has demonstrated that the...

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General Court has to take into consideration the non-visible functional elements of the Rubik's Cube

IPPT20161110, CJEU, Simba Toys v EUIPO

Trade Mark Law - The EUIPO and the General Court should have taken into consideration the non-visible functional elements of the object, such as the rotating capability, when investigating the functional nature of the object

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CJEU: General Court unclear in its considerations on the laudatory character of the word 'So'

IPPT20161027, CJEU, Debonair v EUIPO

Trade Mark Law - The General Court infringed its obligation to state reasons by presenting contradicting statements on the laudatory character of the word ‘so’ in its reasoning

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Dividing subscription fees into monthly and six-monthly components must be regarded as misleading

IPPT20161026, CJEU, Canal Digital

Advertising Law: Dividing the price of a product into several components and highlighting one of them must be regarded as misleading.

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Revocation earlier mark rightly not taken into consideration to assess likelihood of confusion

IPPT20161026, CJEU, Westermann v EUIPO

Trade Mark Law - The General Court did not err in law by not taking in consideration the revocation of the old trademark in the decision on likelihood of confusion.

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Parallel importer of certified self-diagnosis device not obliged to confirm conformity of translation label in importing Member State

IPPT20161013, CJEU, Servoprax v Roche Diagnostics

Unfair Commercial Practices Parallel importer of a self-diagnosis device is not obliged to carry out a new assessment in the importing Member State to certify the conformity of the labelling and the translation of the instructions for its use, when that...

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Back-up copy of a computer program may not be provided to another without authorisation of the rightholder

IPPT20161012, CJEU, Ranks and Vasiļevičs

Copyright: First acquirer of a computer program may not provide his back-up copy of that program when the original is damaged, destroyed or lost without authorisation of the rightholder

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CJEU on transitional provisions SPC Regulation for Medicinal Products

IPPT20161005, CJEU, F. Hoffman-La Roche v Accord Healthcare

Patent Law: The Court does not have jurisdiction to rule on the validity of Article 21(2) of SPC Regulation for Medicinal Products. Article 21(2) of SPC Regulation for Medicinal Products applies to a supplementary protection certificate granted by a Member...

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Individual portions constitute a 'pre-packaged foodstuf' when sold separately or as part of pre-prepared meal

IPPT20160922, CJEU, Breitsamer und Ulrich v Landehauptstadt München

Advertising law: Every individual portion of honey closed by an aluminium seal supplied to mass caterers, constitutes a ‘pre-packaged foodstuff’ where the mass caterers sell those portions separately or as part of pre-prepared meals for an all-inclusive...

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Use of sign that creates likelihood allowed if in this part of the Union no likehood of confusion has been found

IPPT20160922, CJEU, combit Software v Commit Business

Trade Mark Law: Where an EU trade mark court finds that the use of a sign creates a likelihood of confusion with an EU trade mark in one part whilst not in another part, that court must conclude to an infringement of the exclusive right for the entire area...

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Error in law has no impact on the operative part of the judgement under appeal

IPPT20160922, CJEU, Pensa Pharma v EUIPO

Trade Mark Law - Although the General Court has erred in law regarding the admissibility of arguments put forward by Pensa Pharma, this has no impact on the operative part of the judgment under appeal

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Italian legislation on fair compensation in breach with EU law

IPPT20160922, CJEU, Microsoft Mobile Sales v SIAE

Copyright - Article 5(2)(b) of Directive 2001/29/EC precludes national legislation that depends on agreements between, on the one hand, an entity which has a legal monopoly on the representation of the interests of authors of works and, on the other hand,...

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Ban on publication portrait rapper not in breach of Article 10 ECHR

IPPT20160920, ECHR, Van Beukering & Parool v The Netherlands

Publication - Reticence is appropriate when publishing a portrait of someone who is suspected of a serious crime

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