Short videos on the website of a newspaper can be covered by the concept of program

IPPT20151021, CJEU, New Media Online

Media Law: videos of short duration under the subdomain of a website of a newspaper can be covered by the concept of program as laid down in the Audiovisual Media Services Directive. Principal purpose of a service making videos available offered in the electronic version of a newspaper depends upon...

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Decision of Commission that USA ensures an adequate level of protection of transferred personal data invalid

IPPT20151006, CJEU, Schrems v Data Protection Commissioner

Personal Data: existence of a decision adopted by the Commission that a third country ensures an adequate level of protection does not prevent a supervisory authority of a Member State from examination. Decision of Commission that the USA ensures an adequate level of protection of transferred...

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Exclusion of for a technical result necessary shape of goods refers only to the manner in which the goods are manufactured

IPPT20150916, CJEU, Nestlé v Cadbury

Trade Mark Law - For the annulment of a shape it has to be covered by one or more grounds of refusal. Exclusion of a for a technical result necessary shape of goods, must be interpreted as referring only to the manner in which the goods are...

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CJEU on concept of 'reputation in the Community' in article 4(3) Trade Marks Directive

IPPT20150903, CJEU, Iron Smith v Unilever

Trade Mark Law - Mark with reputation of earlier Community mark: must have reputation in substantial part of the EU, may coincide with territory of single Member State. Criteria concerning genuine use are not relevant in order to establish the...

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Assessment of likelihood of confusion conducted correctly because of inconsistency in the appellant's arguments

IPPT20150709, CJEU, Pera-Grave v BHIM

Trade Mark Law - Inconsistency in the arguments of the appellant: the General Court cannot be criticized for not having applied the case-law arising out of the judgment in T.I.M.E. ART v OHIM, because of the inconsistency in the...

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Conditions under which FRAND-patent holder does not abuse dominant position to pursue infringement proceedings

IPPT20150716, CJEU, Huawei v ZTE

Patent Law - Abuse of a Dominant Position: FRAND-patent holder does not abuse a dominant position to pursue infringement proceedings if he alerted the alleged infringer of the infringement, presented a specific, written offer for a...

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Refusal to provide information by invoking banking secrecy not allowed

IPPT20150716, CJEU, Coty Germany v Stadtsparkasse

Litigation -  Article 8(3)(e) of Directive must be interpreted as precluding a national provision, which allows, in an unlimited and unconditional manner, a banking institution to invoke banking secrecy in order to refuse to provide, information...

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Trade mark infringement in relation to goods under the duty suspension arrangement

IPPT20150716, CJEU, Mevi v Bacardi

Trade Mark Law - Economic operator who is importing without the consent of the proprietor and placing those goods under duty suspension arrangement must be classified as ‘using in the course of trade any sign which is identical with the trade...

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Not recognising a judgment contrary to EU Law only possible in case of breach of an essential rule of law

IPPT20150716, CJEU, Diageo v Simiramida

Litigation - Private International Law -  Trade Mark Law - Not recognising a judgment contrary to EU law can...

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Equitable planting remuniration must be paid no later than 30 June

IPPT20150625, CJEU, STV v Vogel

Plant Variety - in order to be able to benefit from the derogation from the obligation to obtain the authorization of the holder of the plant variety right, the right holder is required to pay the equitable remuneration, no later than 30...

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In the assessment of the likelihood of confusion between mark with Arabic words the definition and pronunciation should be taken into consideration

IPPT20150625, CJEU, Loutfi v AMJ Meatproducts

Trade Mark Law - Likelihood of Confusion: in the assessment of the likelihood of confusion between marks with Arabic words, the definition and pronunciation should be considered if the relevant public has knowledge of written Arabic.

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Liability news portal for hateful comments third parties no breach of Article 10 ECHR

IPPT20150616, CJEU, Delfi v Estonia

Freedom of Expression - Delfi’s liability for hateful comments posted by third parties no breach of Article 10 ECHR. The Court takes into account that the news portal was professionally managed, that Delfi did not take sufficient measures to remove the comments and that only a moderate sanction had...

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Misleading labelling even though actual contents are apparent from the list of ingredients

IPPT20150604, CJEU, Teekanne

Unfair Commercial Practices - It has to be assumed that consumers read the list of ingredients of the product before purchase.The presence of a list of ingredients does not in itself exclude the possibility that the labelling is...

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Article 3(2)(d) of the Copyright Directive can be expanded to live sports events on the internet

IPPT20150326, CJEU, C More Entertainment v Sandberg

Copyright - the exclusive rights of broadcasting organizations as referred to in Article 3(2)(d) of the Copyright Directive can be expanded to live sports events on the internet, if it does not affect the protection of copyright.

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Plant variety LEMON SYMPHONY not void

IPPT20150521, CJEU, Schräder v CPVO

Plant Variety Rights - the General Court wrongly held that the principle of examination of the facts by the CPVO of its own motion also applies in proceedings before the Board of Appeal. No lead to the setting aside of the...

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Figure wrongly disregarded in assessing the similarity of the signs at issuee

IPPT20150319, CJEU, Mega Brands v OHIM

Trade Mark Law - purely descriptive element does not preclude from being acknowledged as dominant for the purposes of assessing the similarity of the signs at issue.

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Holder of right to distribute allowed to prohibit offers for sale or targeted advertisement

IPPT20150513, CJEU, Dimensione v Knoll

Copyright - a holder of an exclusive right to distribute is allowed to prohibit offers for sale or  targeted advertisement, even if it is not established that the advertisement gave rise to the purchase of that protected work by an EU buyer, in so...

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No second SPC if basic patent includes a claim to product comprising an active ingredient

IPPT20150312, CJEU, Actavis v Boehringer

Patent law - SPC: if a basic patent includes a claim to a product comprising an active ingredient which constitutes the sole subject-matter of the invention,  that provision precludes the holder from obtaining a second supplementary protection...

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Shape mark of bottle with cylindrical section has no distinctive character

IPPT20150507, CJEU, Voss of Norway v OHIM

Trade Mark Law - Shape mark for beverages: that the EGC would have considered that trade mark that is made up only of components which are not devoid of distinctive character in relation to the goods concerned generally leads to the...

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Administrative procedure preceding unitary patent protection is compatible with EU law

IPPT20150505, CJEU, Spain v Parliament and Council

Patent Law - Unitary Patent Law: Administrative procedure preceding unitary patent protection is compatible with EU law: only establishes unitary effect on patents granted under the EPC. Regulation can be based on article 118(1) TFEU which is apt to...

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