US Supreme Court rejects softwarepatent
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...
moreDistinctive character through integration of contourless colour marks cannot be determined solely based on consumer survey
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...
moreIndividual character must be evaluated by one or more individually considered earlier designs
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...
moreOn-screen and cached copies when viewing a website obtain authorisation from the copyright holders concerned
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.
moreJurisdiction to hear an infringement action against the original seller who did not himself act in the Member State
Trade Mark Law - International Private Law - Jurisdiction: community trade mark regulation does not allow jurisdiction to be established to hear an infringement...
moreRegulation does not preclude additional national protection regulations for geographical indications and designations
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...
moreExamining whether any of the components of a composite sign has an independent distinctive role
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...
moreSafener 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
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.
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Private copies from unlawful sources and lawful sources conflict with objectives of Copyright Directive
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...
moreData Retention Directive invalid because it exceeds the limits of proportionality
Privacy Law - Data Retention Directive invalid: it has exceeded the limits imposed by compliance with the principle of proportionality
moreCustoms authorities may initiate proceedings themselves
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...
moreLimited jurisdiction to court of Member State within which damage is caused
Private International Law - Litigation - A court of Member State within which damage is caused, where supposed perpetrator did not act, has jurisdiction only to rule on damage cause...
moreMisinterpretation of the national law governing copyright protection
Trade Mark Law - General 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...
moreMeasures 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
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...
moreMisleading advertising and unlawful comparative advertising are two independent infringements
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...
moreSearch enginge operator responsible for the processing of personal data published by third parties
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...
moreCommunication to new public in spa establishments - exception for spa establisments allowed
Copyright - Communication to the public by providing access to works via television and radio devices in rooms of spa establishment.
moreNo act of communication to new public when clickable links provide direct access to original site
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...
moreEuropean Union Institution adopted measures are actionable measures when they are intended to have binding legal effects
Litigation - Geographical Indications - Any measures adopted by the institutions of the European Union which are intended to have binding legal effects, are actionable measures (article...
moreValidity of SPC is no longer than 15 years from the first MA in the European Union
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...
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