French legislation about 'out-of-print' books in breach of Directive 2001/29
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
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 …
moreGeneral Court has to take into consideration the non-visible functional elements of the Rubik's Cube
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
moreCJEU: General Court unclear in its considerations on the laudatory character of the word 'So'
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
moreDividing subscription fees into monthly and six-monthly components must be regarded as misleading
Advertising Law: Dividing the price of a product into several components and highlighting one of them must be regarded as misleading.
moreRevocation earlier mark rightly not taken into consideration to assess likelihood of confusion
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.
moreParallel importer of certified self-diagnosis device not obliged to confirm conformity of translation label in importing Member State
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 …
moreBack-up copy of a computer program may not be provided to another without authorisation of the rightholder
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
moreCJEU on transitional provisions SPC Regulation for Medicinal Products
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 …
moreIndividual portions constitute a 'pre-packaged foodstuf' when sold separately or as part of pre-prepared meal
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
moreUse of sign that creates likelihood allowed if in this part of the Union no likehood of confusion has been found
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 …
moreError in law has no impact on the operative part of the judgement under appeal
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
moreItalian legislation on fair compensation in breach with EU law
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, those liable to pay compensation or their trade associations …
moreBan on publication portrait rapper not in breach of Article 10 ECHR
Publication - Reticence is appropriate when publishing a portrait of someone who is suspected of a serious crime
moreA wifi provider may be required to prevent third parties from making copyright-protected work available to the general public
Copyright - A member state may require that a provider of access to a communication network prevents that third parties make copyright-protected work available to the general public.
moreIllegality of posting hyperlinks to protected works
Copyright: posting hyperlinks to protected works on a website constitutes a communication to the public when those links are provided with the pursuit of financial gain by a person who knew of could reasonably have known the illegal nature of the publication of those works on that other website. Having regard to the …
moreTenant of sales points in market halls falls under 'intermediary' within Directive 2004/48
Litigation - Tenant of sales points falls under the concept of ‘intermediary whose services are being used by a third party to infringe an intellectual property right within article 11 of the Directive.’ Injunctions toward intermediaries who provide letting of sales points in market halls are subject to the same …
moreFlat rates for legal costs incurred by succesful party allowed when covering a significant and appropriate part
Litigation - Directive 2004/48 allows national legislation providing that the court takes specific circumstances of the case into account whilst ordering the unsuccessful party to pay the legal costs incurred by the successful party, as well as flat rates, if reasonable, for legal costs incurred. The proportionality …
moreCJEU: the General Court was just in annulling the decision by EUIPO
Litigation - Rule 50 of the Implementing Regulation cannot give discretion to the Boards of Appeal to additional evidence. Error in law by the General Court with regards to the discretion regarding additional evidence. Judgment of the General Court regarding a breach of art. 76(2) of the Regulation 207/2009.
moreEUIPO not bound by judgment Belgian court
Trade Mark Law: The General Court was able to find, without erring in law, that the principle of res judicata did not mean that the EUIPO was bound by the judgment of the tribunal de commerce de Bruxelles.
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