US Supreme Court rejects softwarepatent

IPPT20140619, US Supreme Court, Alice v CLS Bank International

Patent-ineligible abstract ideas: This Court must distinguish patents that claim the “‘buildin[g] block[s]’” of human ingenuity, which are ineligible for patent protection, from those that integrate the building blocks into something more. Using this framework, the Court must first determine...

more

Distinctive character through integration of contourless colour marks cannot be determined solely based on consumer survey

IPPT20140619, CJEU, Oberbank en Santander Consumer Bank v DSGV

Trade Mark Law - Distinctive character through integration of contourless colour marks cannot be determined solely based on consumer survey with a degree of recognition of at least 70%. Invalidity: trade mark kan be declared...

more

Individual character must be evaluated by one or more individually considered earlier designs

IPPT20140619, CJEU, Karen Millen Fashions v Dunnes Stores

Design Law - Individual character:  must not be evaluated on the basis of a combination of isolated features from a number of earlier designs, but by one or more individually considered earlier designs and is not required to be...

more

On-screen and cached copies when viewing a website obtain authorisation from the copyright holders concerned

IPPT20140605, CJEU, PRCA v NLA

Copyright - Acts of reproduction: when viewing website in terms of on-screen copies and cached copies of a temporary nature and when viewing website is integral and essential part of technological process.

more

Jurisdiction to hear an infringement action against the original seller who did not himself act in the Member State

IPPT20140605, CJEU, Coty v First Note Perfumes

Trade Mark Law  - International Private Law - Jurisdiction: community trade mark regulation does not allow jurisdiction to be established to hear an infringement...

more

Regulation does not preclude additional national protection regulations for geographical indications and designations

IPPT20140508, CJEU, Salame Felino

Geographical Indications:  Council Regulation on the protection of geographical indications and designations of agricultural products and foodstuffs does not preclude additional national protection regulations, if these regulations do...

more

Examining whether any of the components of a composite sign has an independent distinctive role

IPPT20140508, CJEU, Bimbo v BHIM

Trade mark Law - Independant distinctive role: purpose of examining whether any of the components of a composite sign has an independent distinctive role is to determine which of those components will be perceived by the target...

more

Safener must be interpreted as ‘product’ and ‘active substances’ in ABC-Vo if the substance has a toxic, phytotoxic or plant protection action of its own

IPPT20140619, CJEU, Bayer v Patent und Markenamt

Trade Mark Law: Safener must be interpreted as ‘product’ and ‘active substances’ in ABC-Vo if the substance has a toxic, phytotoxic or plant protection action of its own.

 

more

Private copies from unlawful sources and lawful sources conflict with objectives of Copyright Directive

IPPT20140410, CJEU, ACI v Thuiskopie

Copyright - Litigation - Strict interpretation of exceptions precludes liability for copyright holders to tolerate rights violations which may involve the making of private copies, private copy...

more

Data Retention Directive invalid because it exceeds the limits of proportionality

IPPT20140408, CJEU, Digital Rights v Ireland

Privacy Law - Data Retention Directive invalid: it has exceeded the limits imposed by compliance with the principle of proportionality

more

Customs authorities may initiate proceedings themselves

IPPT20140409, CJEU, Sintax Trading

Customs Seizure - Customs authorities may initiate proceedings to determine whether there has been an infringement of an intellectual property right under national law and may determine whether there has been an infringement of an intellectual property right, if the relevant decisions are subject...

more

Limited jurisdiction to court of Member State within which damage is caused

IPPT20140403, CJEU, Hi Hotel v Spoering

Private International LawLitigation - A court of Member State within which damage is caused, where supposed perpetrator did not act, has jurisdiction only to rule on damage cause...

more

Misinterpretation of the national law governing copyright protection

IPPT20140327, CJEU, OHIM v National Lottery Commission

Trade Mark LawGeneral Court is allowed to obtain information ex officio about  the content, conditions and scope of application by the applicant of the annulment of invoked national rules. General Court infringed adversary...

more

Measures Internet provider must take to implement injunction to access a website must be effective and prevent or at least hinder unauthorized notices of protected works

IPPT20140327, CJEU, UPC Telekabel v Constantin Film

Copyright - Neighbouring Rights - ISP's: A person who makes protected subject-matter available to the public on a website without the agreement of the rightholder, is using the services of...

more

Misleading advertising and unlawful comparative advertising are two independent infringements

IPPT20140313, CJEU, Posteshop

Advertising Law - Misleading advertising and unlawful comparative advertising are two independent infringements. Divergence between languages: where there is a divergence between various language versions of a...

more

Search enginge operator responsible for the processing of personal data published by third parties

IPPT20140513, CJEU, Google Spain v AEPD

Privacy -  Processing personal data by operator of search engine in searchresults. The operator of this search engine is responsible for the processing: he determines the purposes and means of that activity. Processing of the personal data of a...

more

Communication to new public in spa establishments - exception for spa establisments allowed

IPPT20140227, CJEU, OSA

Copyright - Communication to the public by providing access to works via television and radio devices in rooms of spa establishment.

more

No act of communication to new public when clickable links provide direct access to original site

IPPT20140213, CJEU, Svensson v Retriever

Copyright - Provision of clickable links is an act of communication: making it available to indeterminate and fairly large number of recipients. No act of communication to new public when clickable links provide direct access to original site; users...

more

European Union Institution adopted measures are actionable measures when they are intended to have binding legal effects

IPPT20140213, CJEU, Hungary v European Commission

Litigation - Geographical IndicationsAny measures adopted by the institutions of the European Union which are intended to have binding legal effects, are actionable measures (article...

more

Validity of SPC is no longer than 15 years from the first MA in the European Union

IPPT20140213, CJEU, Merck Canada

Patent Law Litigation - Tribunal Arbitral necessário must be considered to be a court or tribunal for the purposes of article 267 TFEU. SPC: validity of SPC is no...

more

Pages