Opinion AG CJEU on the retaining of electronic communications data

IP10035

According to Advocate General Saugmandsgaard Øe, a general obligation to retain data imposed by a Member State on providers of electronic communication services may be compatible with EU law. However, it is imperative that that obligation be circumscribed by strict safeguards.

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Likelihood of confusion between "Ilja" and "Ilía natura"

IPPT20160715, EUIPO, Natura Cosmetics v Ilja Visser

Trade Mark Law - Likelihood of confusion between "Ilja" and "Ilía natura"

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Request for preliminary ruling concerning cloud computing TV programs

IP10033

Copyright Questions concerning article 5(2)(b) of directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society and directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market …

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Rule of jurisdiction under Benelux Treaty allowed for functioning of Benelux Union

IPPT20160714, CJEU, Brite Strike

Litigation: Rule of jurisdiction of article 4.6 BCIP(court of the place of registration) as a special rule of jurisdiction is allowed under article 71 of Council Regulation No 44/2001 as indispensible to the functioning of the Benelux Union (article 350 TFEU).

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Health claims aimed at health professionals fall under the scope of Regulation 1924/2006

IPPT20160714, CJEU, Verband Sozialer Wettbewerb v Innova Vital

Advertising Law: Health claims in food commercials fall within the scope of Regulation 1924/2006, even when the commercial is not aimed at the consumers but at health professoinals.

 

 

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Request for preliminary ruling concerning exhaustion trade mark Schweppes

IP10028

Trade Mark Law. Questions referred to the Court of Justice of the European Union for a preliminary ruling concerning the exhaustion of trade mark Schweppes

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Obligation to indicate total price not in conflict with freedom to conduct business

IPPT20160630, CJEU, Lidl v Freistaat Sachsen

Unfair Commercial Practices: Obligation to indicate total price and price per weight unit on labels is not in conflict with the freedom to conduct a business ex article 6(1) TEU and article 15(1) and 16 of the Charter. Obligation to provide information on labels of the same article concerning the marketing standards …

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Licensee can bring proceedings for infringement of a design although the licence is not registered

IPPT20160622, CJEU, Thomas Philipp v Grunne Welle

Design Law: licensee may bring proceedings alleging infringement although that licence has not been entered in the register. Licensee can claim damages for its own loss under Article 32(3) CD-Regulation.

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Reasonable compensation in case of unlawful act before publication registration mark

IPPT20160622, CJEU, Nikolajeva v Multi Protect

Trade Mark LawEU trade mark court not held to prohibit from proceeding with acts of infringement of a trade mark when the proprietor of such a trade mark has not applied for such an order (Article 102 CTM-Regulation). No compensation possible in respect of acts of third parties occurring before publication for …

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Additional request for renewal relating to other goods and services is possible

IPPT20160622, CJEU, Nissan Jidosha v EUIPO

Trade Mark Law: A request for renewal relating to certain classes of goods or services (art. 47(3) Regulation 207/2009).

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Financial damage caused by unlawful act in other Member State no reason to appoint 'place where the harmful event occured'

IPPT20160616, CJEU, Universal Music

Litigation - ‘Place where the harmful event occured’ is not the domicile and place where applicant’s assests are concentrated for the sole reason that applicant has suffered financial damage, when this damage is a direct cause of an unlawful act in another Member State

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"Reasonable compensation" covers all damage connected to pay the license fee, including payment of default interest

IPPT20160609, CJEU, Hansson v Jungpflanzen Grunewald

Plant Variety: Damages under article 94 of Regulation No 2100/94 cover any damage except an ‘infringer supplement’ or a restitution of gains and profits made by an infringer. "Reasonable compensation" covers all damage connected to pay the license fee, including payment of default interest. Damages under article …

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Fair compensation for private purposes financed from the General State Budget is not allowed

IPPT20160609, CJEU, EGEDA v Estado

Copyright: Article 5(2)(b) of Directive 2001/29 does not allow financing fair compensation from the General State Budget.

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"Act of communication to the public" in revalidation centre

IPPT20160531, CJEU, Reha Training v Gema

Copyright Law - Uniform interpretation of “Communication to the public” in article 3(1) Directive 2001/29/EC and article 8 Directive 2006/115/EC. Act of communication to the public in case of intentionally transmitting copyright protected works by an operator of a rehabilitation centre to patients via television …

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Vacancies for judges Unified Patent Court published.

IP10020

From the press release: "The recruitment of legally qualified and of technically qualified judges of the Unified Patent Court (Court of First Instance and Court of Appeal) has been launched with the publication of the vacancy notices in English, French, and German. The deadline for applications is 4 July 2016.

The …

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EUIPO report on infringement of protected geographical indications in the European Union

IP10017

In the European Union (EU), Geographical Indications (GIs) for wine, spirits, agricultural products and foodstuffs are protected as sui generis intellectual property rights that act as certification that certain products possess particular qualities, characteristics or reputation essentially attributable to their …

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No facts and circumstances affecting the validity of the directive

IPPT20160504, CJEU, Pillbox v Secretary of State for Health

Advertising Law: no factors of such a kind as to affect the validity of Article 20 of Directive 2014/40 on the manufacture, presentation and sale of tobacco and related products.

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Payment claim in case of fair compensation is defined as tort commitment

IPPT20160421, CJEU, Austro-Mechana v Amazon

Private International Law: All actions which seek to establish the liability of a defendant are the concept of ‘matters relating to tort delict of quasi-delict’. A claim seeking to obtain ‘fair compensation’ for reprographic reproduction or reproduction for private use due by virtue of national law falls …

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Google Books just won a decade-long copyright fight

IP10015

The decade-long legal fight over Google's effort to create a digital library of millions of books is finally over.

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Appeal against judgment that there was no genuine use of the word mark 'SMART WATER' dismissed

IPPT20160317, CJEU, Naazneen v OHIM

Trade Mark Law - Litigation- The applicant’s arguments are essentially based on a misreading of the judgment of the General Court or concern factual findings of the General Court, which do not fall within the jurisdiction of the CJEU

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