Rule of exhaustian not applicable when a protected work is transferred from a paper onto a canvas

Print this page 22-03-2015

COPYRIGHT

 

No exhaustion when a  protected work, after having been marketed in the European Union with the copyright holder’s consent, has undergone an alteration of its medium, such as the transfer of that reproduction from a paper poster onto a canvas, and is placed on the market again in its new form

 

Database directive does not preclude the author of the database from laying down contractual limitations on its use by third parties

Print this page 15-03-2015

DATABASE RIGHTS

 

Database directive does not preclude the author of the database from laying down contractual limitations on its use by third parties

 

Computerised booking system has to show final price to be paid for flights from the Union

Print this page 15-03-2015

ADVERTISING LAW

 

In a computerised booking system, the final price to be paid must be indicated whenever the prices of air services are shown, not only for the air service specifically selected by the customer, but also for each air service in respect of which the fare is shown 

 

General Court should have determined whether the public makes a link between two marks despite low degree of similarity

Print this page 20-01-2015

TRADEMARK LAW

 

The General Court should have determined whether the low degree of similarity  was nevertheless sufficient, on account of the presence of other relevant assessment factors (such  as the reputation or recognition enjoyed by the earlier mark), for the public to make a link between  those two marks

Camera system, which monitors public space, does not amount to the processing of data in the course of a purely personal or household activity

Print this page 12-01-2015

PRIVACY

 

Camera system, which monitors public space, does not amount to the processing of data in the course of a purely personal or household activity, for the purposes of article 3(2) of Directive 95/46 

E-commerce Directive: does not preclude the application of national rules of civil liability for defamation

Print this page 11-01-2015

FREE MOVEMENT OF SERVICES

 

‘Information society services’ covers provision of online information services for which the service provider is remunerated by income generated by advertisements posted on a website

 

Legitimate interest in ensuring that work is not associated with a discriminatory message of a parody

Print this page 03-11-2014

COPYRIGHT - PARODY

 

Concept of parody must be regarded as an autonomous concept of EU law

 

"15. It is clear from that case-law that the concept of ‘parody’, which appears in a provision of a directive that does not contain any reference to national laws, must be regarded as an autonomous concept of EU law and interpreted uniformly throughout the European Union (see, to that effect, judgment in Padawan, EU:C:2010:620, paragraph 33)."

 

Bringin together services may come withing the concept of 'services' ex art. 2 Trade Marks Directive

Print this page 11-09-2014

TRADE MARK LAW

 

Bringing together services so that the consumer can conveniently compare and purchase them may come within the concept of ‘services’ ex art. 2 Trade Marks Directive
 

Presentation which depicts the layout of a store may constitute a trade mark under circumstances

Print this page 10-09-2014

TRADE MARK LAW

 

Presentation which depicts the layout of a store may constitute a trade mark, even if it does not contain any indication of the sizes and proportions of the presentation
 

US Supreme Court rejects softwarepatent

Print this page 01-09-2014

Patent-ineligible abstract ideas:

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