Dividing subscription fees into monthly and six-monthly components must be regarded as misleading

IPPT20161026, CJEU, Canal Digital

Advertising Law: Dividing the price of a product into several components and highlighting one of them must be regarded as misleading.

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Revocation earlier mark rightly not taken into consideration to assess likelihood of confusion

IPPT20161026, CJEU, Westermann v EUIPO

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.

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Parallel importer of certified self-diagnosis device not obliged to confirm conformity of translation label in importing Member State

IPPT20161013, CJEU, Servoprax v Roche Diagnostics

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 …

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Back-up copy of a computer program may not be provided to another without authorisation of the rightholder

IPPT20161012, CJEU, Ranks and Vasiļevičs

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

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CJEU on transitional provisions SPC Regulation for Medicinal Products

IPPT20161005, CJEU, F. Hoffman-La Roche v Accord Healthcare

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 …

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Individual portions constitute a 'pre-packaged foodstuf' when sold separately or as part of pre-prepared meal

IPPT20160922, CJEU, Breitsamer und Ulrich v Landehauptstadt München

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

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Use of sign that creates likelihood allowed if in this part of the Union no likehood of confusion has been found

IPPT20160922, CJEU, combit Software v Commit Business

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 …

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Error in law has no impact on the operative part of the judgement under appeal

IPPT20160922, CJEU, Pensa Pharma v EUIPO

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

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Italian legislation on fair compensation in breach with EU law

IPPT20160922, CJEU, Microsoft Mobile Sales v SIAE

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 …

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Ban on publication portrait rapper not in breach of Article 10 ECHR

IPPT20160920, ECHR, Van Beukering & Parool v The Netherlands

Publication - Reticence is appropriate when publishing a portrait of someone who is suspected of a serious crime

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A wifi provider may be required to prevent third parties from making copyright-protected work available to the general public

IPPT20160915, CJEU, Mc Fadden v Sony

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.

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Illegality of posting hyperlinks to protected works

IPPT20160908, CJEU, GeenStijl v Sanoma

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 …

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Tenant of sales points in market halls falls under 'intermediary' within Directive 2004/48

IPPT20160707, CJEU, Tommy Hilfiger v Delta Centre

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 …

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Flat rates for legal costs incurred by succesful party allowed when covering a significant and appropriate part

IPPT20160728, CJEU, United Video Properties v Telenet

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 …

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CJEU: the General Court was just in annulling the decision by EUIPO

IPPT20160721, CJEU, EUIPO v Grau Ferrer

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.

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EUIPO not bound by judgment Belgian court

IPPT20160721, CJEU, Apple and Pear Australia v EUIPO

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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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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