Physical and technical characteristics in a databse may be interpreted as indication of extraction

Print this page 05-03-2009


The distinction between permanent transfer and temporary transfer lies in the duration of storage on another medium of materials extracted from the original database. There is permanent transfer when those materials are stored in a permanent manner on a medium other than the original medium, whereas the transfer is temporary if the materials are stored for a limited period on another medium, such as the operating memory of a com-puter.


Proprietor has a right to prevent use by a third party of a sign identical to his mark

Print this page 19-02-2009



Right of the proprietor of a registered mark to prevent the use by a third party of a sign which is identical to the mark. The fact that the third party at issue uses a sign which is identical with a registered mark in relation to goods which are not its own goods, in that it does not have title to them, is not relevant and can there-fore not mean by itself that that use does not fall under the concept of ‘use’ for the purpose of Article 9(1) of Regulation No 40/94.

Protection for rights of phonogram producers if the work was protected in a Member State

Print this page 20-01-2009


Rights of phonogram producers

"25. That the term of protection laid down in Direc-tive 2006/116 is also applicable, pursuant to Article 10(2) of that directive, where the subject-matter at issue has at no time been protected in the Member State in which the protection is sought."

Violation of right to respect for private life by picture taken in hospital

Print this page 15-01-2009



Violation of right to respect for private life by picture taken in hospital: the applicants’ prior consent to the taking of their son’s picture was indispensable in order to es-tablish the context of its use

No genuine use in case of distribution free of charge

Print this page 15-01-2009


Where the proprietor of a mark affixes that mark to items that it gives, free of charge, to purchasers of its goods, it does not make genuine use of that mark in respect of the class covering those items.


A product is a medicinal product if it restores, corrects or modifies physiological functions

Print this page 15-01-2009


No medicinal product by function


"29. Consequently, the answer to the first part of the first question is that Article 2(2) of Directive 2001/83 must be interpreted as meaning that that directive does not apply to a product in respect of which it has not been scientifically established that it is a medicinal product by function, without its being possible to ex-clude that possibility."

Concept of ‘medicinal product by function’

Lego trademark is invalid

Print this page 05-12-2008



Lego trademark invalid: essential characteristics of shape consisting exclusively of intended technical result even if that result can be achieved by other shapes using the same or another technical solution


Service provider has to supply other information than telephone number

Print this page 25-10-2008



Contactinformation service provider