Trade Mark Law - Litigation - Submission of additional proof of use of mark permissible through use of discretion conferred upon OHIM: OHIM is in no way prohibited from taking account of evidence submitted out of time through use of the discretion conferred on it.

Unfair Commercial Practices - General prohibition of combined offers involving financial services to consumers permitted under directive and freedom to provide services

Advertising Law - Health can also be disease risk claim without claim that risk factor is ‘significantly’ reduced: a health claim need not necessarily expressly state that the consumption of a category of food, a food or one of its constituents ‘significantly’ reduces a risk factor in the development of a human disease...

Copyright - System of indiscriminate application of private copying levy on placement on the market for commercial purposes under a pecuniary claim by all natural persons, with reimbursement permitted in case use of media does not meet levy criteria, where justified as a result of practical difficulties and the right...

Advertising Law - Use of domain name and metatags can be covered by the term “advertising,” the registration of a domain name cannot.

Copyright - Copyright Directive not applicable to acts of using protected works between the date of entry into force 22 June 2001 and transposition date 22 december 2002

Trade Mark Law - “Bad faith” is an autonomous concept of European law which must be given uniform interpretation. Irrelevant that the concept is optional. No room for specific, deviating domestic systems of protection based on knowledge of foreign mark. Knowledge of third party’s foreign use of mark which is liable to...

Trade Mark Law - Litigation - No jurisdiction based on place where a harmful event occurred which is imputed to a presumed co-perpetrator of damage with respect to other presumed perpetrators

Trade Mark Law - Genuine use of a registered trademark constituting one of the elements of a composite mark is possible

Patent Law - Council Decision 2011/167/EU of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protection legally founded

Pharmaceutical Law - No “new placement on the market” as a result of carrying out the preparation of ready-to-use syringes based on individual prescriptions

Copyright - Communication to the public through direct retransmission of internet stream of television broadcast by another organisation:
- Funding by advertising and profit-making nature of retransmission not influential
- Unimportant whether organisations compete

Trade Mark Law - Opposition against a later registered Community trademark possible without the need for a declaration of invalidity beforehand

Games Of Chance - The freedom to provide services and the freedom of establishment preclude national legislation on games of chance: examination by national authorities?

Copyright - Article 16 (freedom to conduct a business) and article 17 (acquired legal position) of Charter do not preclude limited compensation for short news reports of major events under article 15(6) of Audivisual Media Services Directive: priority is given to the public access to information over contractual...

Plant Variety Rights - Litigation - Legality decisions: general Court can review legality decisions CPVO by examining whether characterisation of facts was flawed. Descretions CPVO: CPVO has decretion to make separate request for plant material  to be examined and for documentary evidence relating to it and to make new...

Unfair Commercial Practices - Advertisements: unfair Commercial Practices Directive does not preclude the application of a national provision under which those publishers are required to use the term ‘advertisement’ for advertisements, unless it is evident from arrangement and layout of the publication that it is an...

Trade Mark Law - The mere fact that there are multiple trade mark registrations within the EU including the word ‘seven’ or number ‘7’ is not sufficient to establish the weak distinctive character of those marks.

Trade Mark Law - Genuine use in the Community: territorial borders of Member States should be disregarded

Patent Law - Competition Law - Development product market and substitution of importance. Price comparison of H2-blockers and PPI’s of identical treatment period irrelevant in case of absence of competitive constraint due to therapeutic superiority PPI’s. First abuse: knowingly trying to mislead patent offices and...