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

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 of...

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

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...

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

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.

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

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

SPC must relate to active ingredients identified in the claims of the basic patent. SPC possible for active ingredient specified in the wording of the claims of the basic patent, where the medicinal product also contains other active ingredients. SPC can be granted in case of a process patent only for product derived...

Characterisation of Prince Rainier’s illness as an event of contemporary society not unreasonable

Service provider filling under order packaging to which the sign is affixed does not itself make use of the sign: Having regard to the foregoing considerations, the answer to the first question is that Article 5(1)(b) of Directive 89/104 must be interpreted as meaning that a service provider who, under an order from...

Not ‘counterfeit goods’ within the meaning of the regulation when brought into customs territory under suspensive procedure. Counterfeit goods: where proven that they are intended to be put on sale in the EU. Suspension of release of goods for examination of infringement; grounds for suspecting infringement.

Connected claims: risk of irreconcilable judgments. Intellectual creation and scope of protection: portrait photograph. Newspaper publisher  may not use of their own volition a work protected by copyright by invoking an objective of public security. Right to quote: not required that press report quoting a work is...

Court of place in which publisher of online content is established or in which the centre of his interests is based has full jurisdiction in respect of all damages. Court of territory of which online content was accessible only has jurisdiction in respect of damage caused in that territory. Member States to ensure that...

Failure to fulfill obligations under Television Broadcasting directive by allowing advertising which exceeds maximum limit of 20% of transmission time

Precluded injunction made against an ISP to install peer-to-peer filtering system: requirement that a fair balance be struck between the right to intellectual property, on the one hand, and the freedom to conduct business, the right to protection of personal data and the freedom to receive or impart information, on the...

SPC can be granted if less than five years have elapsed between the first market authorization and the date of the basic patent application. Purpose of SPC of negative or zero duration: related to paediatric extension

No SPC possible for active ingredients which are not specified in the wording of the claims of the basic patent. SPC possible for a combination of two active ingredients, where the medicinal product contains also other active ingredients