Misinterpretation of the national law governing copyright protection

Print this page 27-05-2014

TRADE MARK LAW

 

Court is allowed to obtain information ex officio about  the content, conditions and scope of application by the applicant of the annulment of invoked national rules.  

 

Measures Internet provider must take to implement injunction to access a website must be effective and prevent or at least hinder unauthorized notices of protected works

Print this page 24-05-2014

COPYRIGHTNEIGHBOURING RIGHTS

 

A person who makes protected subject-matter available to the public on a website without the agreement of the rightholder, is using the services of the internet service provider  of the persons accessing that subject-matter.

 

Misleading advertising and unlawful comparative advertising are two independent infringements

Print this page 13-05-2014

ADVERTISING LAW

 

Misleading advertising and unlawful comparative advertising are two independent infringements: in order to prohibit and penalize misleading advertising, it is not necessary that that latter at the same time constitutes unlawful comparative advertising.

 

Communication to new public in spa establishments - exception for spa establisments allowed

Print this page 27-04-2014

COPYRIGHT

 

“Communication” to the public by providing access to works via television and radio devices in rooms of spa establishment.

 

"25. First of all, the concept of ‘communication’ must be construed as referring to any transmission of the protected works, irrespective of the technical means or process used (Joined Cases C‑403/08 and C‑429/08 Football Association Premier League and Others [2011] ECR I‑9083, paragraph 193).

 

No act of communication to new public when clickable links provide direct access to original site

Print this page 14-04-2014

COPYRIGHT

 

Provision of clickable links is an act of communication: making available to indeterminate and fairly large number of recipients.

 

"20. It follows that in circumstances such as those in the case in the main proceedings, the provision of clickable links to protected works must be considered to be ‘making available’ and, therefore, an ‘act of communication’, within the meaning of that provision.

 

Validity of SPC is no longer than 15 years from the first MA in the European Union

Print this page 13-04-2014

PATENT LAWLITIGATION

 

Tribunal Arbitral necessário must be considered to be a court or tribunal for the purposes of article 267 TFEU.

 

European Union Institution adopted measures are actionable measures when they are intended to have binding legal effects

Print this page 13-04-2014

LITIGATION - GEOGRAPHICAL INDICATIONS

 

Any measures adopted by the institutions of the European Union which are intended to have binding legal effects, are actionable measures (article 263 TFEU).

Distribution of images possibly sufficient to be known in the course of business to the circles specialized in the sector concerned

Print this page 12-04-2014

DESIGN LAW - LITIGATION
 

Distribution of images of a design to traders operating in the involved sector in the Union can be sufficient to be known in the course of business to the circles specialized in the sector concerned.

 

If used in good faith an earlier used sign which is identical to a mark can be a due cause

Print this page 06-04-2014

TRADE MARK LAW

 

‘Due cause’ may also relate tot the subjective interest of a third party using a sign which is identical or similar to the mark with a reputation.

 

"45. It follows that the concept of ‘due cause’ may not only include objectively overriding reasons but may also relate to the subjective interests of a third party using a sign which is identical or similar to the mark with a reputation."

 

Protection when product bought in China enters territory of a Member State

Print this page 06-04-2014

CUSTOMS SEIZURE

 

Council Regulation 1383/2003:  affords protection over goods sold through an online sales website in a non-member country from the moment that the goods enter the territory of the Member State, irrespective of whether the goods were subject of an offer for sale or advertising targeting consumers of that State, prior to the sale.

 

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