Litigation - National legislation under which the holder of an intellectual property right may demand either compensation from the person who has infringed that right for the damage that he has suffered, taking account of all the appropriate aspects of the particular case, or – without him having to prove the actual...

Litigation - Article 8(1) of EU Enforcement Directive 2004 (the right of information) applies when, after the definitive termination of proceedings in which it was held that an IP-right was infringed, a request has been made in separate proceedings for information on the origin and distribution networks of the goods or...

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 communications

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 to his mark for identical or similar goods and services within...

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 foodstuff which was sold as a medicinal product before 2005 and was afterwards sold as a foodstuff under the same trademark or brand name.

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.

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 imported product can only be marketed in a limited part of the...

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

Copyright - Related Rights - Lending within the meaning of Article 6(1) Rental Directive covers the lending of a digital copy: in compliance with one copy – one user. Member States may require that the digital copy of the book must have been put into circulation by a first sale or other transfer of ownership of that...

Trade mark law - The assessment of the General Court that the weak distinctive character of the earlier national marks KOMPRESSOR PLUS and KOMPRESSOR could not affect the existence of a likelihood of confusion with the word element ‘compressor technology’ that BHS filed for registration as an EU Trademark is not...

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

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

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.

Copyright - The Copyright Duration Directive doesn’t apply to copyrights which was initially protected by the national legislation but which was extinguished prior to 1 July 1995. The European Union was not obliged to apply the provisions of the TRIPs Agreement, which states that Article 5(2) Berne Convention...

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 device has already been subject to a conformity assessment by a...

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

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 State prior to its accession to the European Union. If a market...

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 price

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 of the Union with the exception of the part where there has...

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