The Regulation Unitary Patent Translation Arrangements doesn't infringes EU law
Patent Law - The Regulation Unitary Patent Translation Arrangements has a legitimate aim: the translations arrangements make the access to the unitary patent and patent system as a whole easier, it is cheaper and ensures legal certainty. Since it is not required to...
moreCommunication of erroneous information to only one single consumer is misleading commercial practice
Unfair Commercial Practices - Communication, by a professional to only one single consumer, of erroneous information is a ‘misleading commercial practice’. If there is a misleading practice it is not necessary to determine whether such a practice is also...
morePatent ability for broccoli and tomato plant not excluded bij article 53(b) EPC
Patent Law - Allowable product claim directed to plants or plant material such as plant parts or fruits. Fact that only an essentially biological process or a product-by-process claim is available for the claimed subject matter (other than...
morePatent holder is not required to give notification of his intention to oppose a proposed importation
Notice of Oppossition: the holder of a patent or SPC is not required to give notification of his intention to oppose a proposed importation before invoking his rights under the first paragraph of the mechanism from the 2003 Act of Accession to the European Union.
moreQuestion for a preliminary ruling concerning nutrition and health claims
Advertising law. Question for a preliminary ruling concerning nutrition and health claims in communications exclusively addressed to the professional sector. Article 1(2) of Regulation (EC) No 1924/2006 on nutrition and health claims made on foods.
moreRule of exhaustian not applicable when a protected work is transferred from a paper onto a canvas
Rule of Exhaustion: no exhaustion when a protected work, after having been marketed in the European Union with the copyright holder’s consent, has undergone an alteration of its medium, such as the transfer of that reproduction from a paper poster onto a canvas, and is placed on the market again...
moreDatabase directive does not preclude the author of the database from laying down contractual limitations on its use by third parties
Database Rights: does not preclude the author of the database from laying down contractual limitations on its use by third parties
moreComputerised booking system has to show final price to be paid for flights from the Union
Indication of final price: In a computerised booking system, the final price to be paid must be indicated whenever the prices of air services are shown, not only for the air service specifically selected by the customer, but also for each air service in respect of which the fare is shown
moreCourt of a Member State wherein an allegedly infringing website can be consulted has jurisdiction
International Private Law - Copyright: Court of a Member State wherein an allegedly infringing website can be consulted has jurisdiction on the basis of the place where the damage...
moreGeneral Court should have determined whether the public makes a link between two marks despite low degree of similarity
Likelihood of Confusion: the General Court should have determined whether the low degree of similarity was nevertheless sufficient, on account of the presence of other relevant assessment factors (such as the reputation or recognition enjoyed by the earlier mark), for the public to make a link...
moreNo SPC possible for active ingredient whose effect does not fall within therapeutic indications
Patent Law – SPC: SPC in principle possible where the active ingredient is covalently bound to other active ingredients which are part of a medicinal product. No SPC possible for an active ingredient whose effect does not fall within the therapeutic...
moreCamera system, which monitors public space, does not amount to the processing of data in the course of a purely personal or household activity
Privacy: Camera system, which monitors public space, does not amount to the processing of data in the course of a purely personal or household activity, for the purposes of article 3(2) of Directive 95/46
moreE-commerce Directive: does not preclude the application of national rules of civil liability for defamation
E-commerce Directive: does not preclude the application of national rules of civil liability for defamation
moreUnfertilized human ovum must have capacity of developing into a human being to constitute a ‘human embryo’
Patent Law: An unfertilized human ovum that does not have the inherent capacity of developing into a human being, does not constitute a ‘human embryo’ according to Article 6(2)(c) of the Biotechnical Inventions Directive
moreLegitimate interest in ensuring that work is not associated with a discriminatory message of a parody
Copyright - Parody: must be regarded as an autonomous concept of EU law and must strike a fair balance between the interests and rights of the holder of the creator of the work and the freedom of expression
moreEmbedding a copyrighted work constitutes 'communication to the public' when a new public and other technical means than the initial communication
Copyright - Embedding a copyright protected work on a website through framing technology cannot be considered as ‘communication to the public’ according Art. 3(1) 2001/29/EC, as long as the copyright protected work is not communicated to a new public...
moreBringin together services may come withing the concept of 'services' ex art. 2 Trade Marks Directive
Trade Mark Law - Services: bringing together services so that the consumer can conveniently compare and purchase them may come within the concept of ‘services’ ex art. 2 Trade Marks Directive. Formulation of trade mark: ...
moreLibrary is allowed to digitalise books for research or private study without permission
Copyright: The concept 'purchase of licensing terms'in Article 5(3)(n) Copyright Directive includes that the concept of 'purchase or licensing terms' provided for in Article 5(3)(n) of Directive 2001/29 must be understood as requiring that the...
morePresentation which depicts the layout of a store may constitute a trade mark under circumstances
Trade Mark Law - Layout of a store: presentation which depicts the layout of a store may constitute a trade mark, even if it does not contain any indication of the sizes and proportions of the presentation. Registration: also...
moreAnnulment decision of the Council of the EU
Neighbouring rights: Appeal gainst decision of Council of European Union admissible. Annulment decision of the Council of the EU on the participation of both EU and Member States to negotiate on the Convention Council of Europe about the...
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