The Regulation Unitary Patent Translation Arrangements doesn't infringes EU law

IPPT20150505, CJEU, Spain v Council

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...

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Communication of erroneous information to only one single consumer is misleading commercial practice

IPPT20150416, CJEU, Nemzeti v UPC

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...

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Patent ability for broccoli and tomato plant not excluded bij article 53(b) EPC

IPPT20150325, EBA-EPO, Broccoli II - Tomato II

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...

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Patent holder is not required to give notification of his intention to oppose a proposed importation

IPPT20150212, CJEU, Merck v SIGMA

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.

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Question for a preliminary ruling concerning nutrition and health claims

IP10031

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.

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Rule of exhaustian not applicable when a protected work is transferred from a paper onto a canvas

IPPT20150122, CJEU, Allposters v Pictoright

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...

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Database directive does not preclude the author of the database from laying down contractual limitations on its use by third parties

IPPT20150115, CJEU, Ryanair v PR Aviation

Database Rights: does not preclude the author of the database from laying down contractual limitations on its use by third parties

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Computerised booking system has to show final price to be paid for flights from the Union

IPPT20150115, CJEU, Air Berlin v Bundesverband

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

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Court of a Member State wherein an allegedly infringing website can be consulted has jurisdiction

IPPT20150122, CJEU, Hejduk v EnergieAgentur

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...

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General Court should have determined whether the public makes a link between two marks despite low degree of similarity

IPPT20141120, CJEU, Intra-Presse v BHIM

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...

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No SPC possible for active ingredient whose effect does not fall within therapeutic indications

IPPT20150115, CJEU, Forsgren v Patentamt

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...

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Camera system, which monitors public space, does not amount to the processing of data in the course of a purely personal or household activity

IPPT20141112, CJEU, Rynes

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 

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E-commerce Directive: does not preclude the application of national rules of civil liability for defamation

IPPT20140911, CJEU, Papasavvas v OFDE

E-commerce Directive: does not preclude the application of national rules of civil liability for defamation

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Unfertilized human ovum must have capacity of developing into a human being to constitute a ‘human embryo’

IPPT20141218, CJEU, International Stem Cell Corporation v Patent Office

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

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Legitimate interest in ensuring that work is not associated with a discriminatory message of a parody

IPPT20140903, ECJ, Deckmyn en Vrijheidsfonds v Vandersteen

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

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Embedding a copyrighted work constitutes 'communication to the public' when a new public and other technical means than the initial communication

IPPT20141021, CJEU, BestWater

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...

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Bringin together services may come withing the concept of 'services' ex art. 2 Trade Marks Directive

IPPT20140710, CJEU, Netto Marken-Discount v Patent Markemant

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: ...

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Library is allowed to digitalise books for research or private study without permission

IPPT20140911, CJEU, TU Darmstadt v Eugen Ulmer

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...

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Presentation which depicts the layout of a store may constitute a trade mark under circumstances

IPPT20140710, CJEU, Apple v Patent und Markenamt

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...

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Annulment decision of the Council of the EU

IPPT20140904, CJEU, European Commission v Council of European Union

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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