French legislation about 'out-of-print' books in breach of Directive 2001/29

IPPT20161116, CJEU, Soulier and Doke

Copyright Law: French legilsation which authorizes an approved collecting society to reproduce and commercially exploit out-of-print books and gives authors the right to oppose only under certain circumstances is in breach of Directive 2001/29.




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

IPPT20160721, CJEU, EUIPO v Grau Ferrer

Procedural Law: 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...


EUIPO not bound by judgment Belgian court

IPPT20160721, CJEU, Apple and Pear Australia v EUIPO

Trademark 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.


Health claims aimed at health professionals fall under the scope of Regulation 1924/2006

IPPT20160714, CJEU, Verband Sozialer Wettbewerb v Innova Vital

Advertising law: Health claims in food commercials fall within the scope of Regulation 1924/2006, even when the commercial is not aimed at the consumers but at health professoinals.




Additional request for renewal relating to other goods and services is possible

IPPT20160622, CJEU, Nissan Jidosha v EUIPO

Trademark Law: A request for renewal relating to certain classes of goods or services (art. 47(3) Regulation 207/2009).


Obligation to indicate total price not in conflict with freedom to conduct business

IPPT20160630, CJEU, Lidl v Freistaat Sachsen

Unfair competition: Obligation to indicate total price and price per weight unit on labels is not in conflict with the freedom to conduct a business ex article 6(1) TEU and article 15(1) and 16 of the Charter. Obligation to provide information on labels of the same article concerning the marketing...


Rule of jurisdiction under Benelux Treaty allowed for functioning of Benelux Union

IPPT20160714, CJEU, Brite Strike

Procedural law: 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).


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

IPPT20160707, CJEU, Tommy Hilfiger v Delta Centre

Procedural Law: 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...


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

IPPT20160728, CJEU, United Video Properties v Telenet

Procedural law: 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...


Opinion AG CJEU on the retaining of electronic communications data


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.


Request for preliminary ruling concerning cloud computing TV programs


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...


Request for preliminary ruling concerning exhaustion trade mark Schweppes


Trade mark law. Questions referred to the Court of Justice of the European Union for a preliminary ruling concerning the exhaustion of trade mark Schweppes


Licensee can bring proceedings for infringement of a design although the licence is not registered

IPPT20160622, CJEU, Thomas Philipp v Grunne Welle

Design law: licensee may bring proceedings alleging infringement although that licence has not been entered in the register. Licensee can claim damages for its own loss under Article 32(3) CD-Regulation.


Reasonable compensation in case of unlawful act before publication registration mark

IPPT20160622, CJEU, Nikolajeva v Multi Protect

Trade mark law: EU trade mark court not held to prohibit from proceeding with acts of infringement of a trade mark when the proprietor of such a trade mark has not applied for such an order (Article 102 CTM-Regulation). No compensation possible in respect of acts of third parties occurring before...


IPPT20160609, CJEU, Hansson v Jungpflanzen Grunewald

IPPT20160609, CJEU, Hansson v Jungpflanzen Grunewald

Plant variety: Damages under article 94 of Regulation No 2100/94 cover any damage except an ‘infringer supplement’ or a restitution of gains and profits made by an infringer. "Reasonable compensation" covers all damage connected to pay the license fee, including payment of default interest. Damages...


Fair compensation for private purposes financed from the General State Budget is not allowed

IPPT20160609, CJEU, EGEDA v Estado

Copyright : Article 5(2)(b) of Directive 2001/29 does not allow financing fair compensation from the General State Budget.


Vacancies for judges Unified Patent Court published.


From the press release: "The recruitment of legally qualified and of technically qualified judges of the Unified Patent Court (Court of First Instance and Court of Appeal) has been launched with the publication of the vacancy notices in...


EUIPO report on infringement of protected geographical indications in the European Union


In the European Union (EU), Geographical Indications (GIs) for wine, spirits, agricultural products and foodstuffs are protected as sui generis intellectual property rights that act as certification that certain products possess particular qualities, characteristics or reputation essentially attributable...


No facts and circumstances affecting the validity of the directive

IPPT20160504, CJEU, Pillbox v Secretary of State for Health

Advertising law: no factors of such a kind as to affect the validity of Article 20 of Directive 2014/40 on the manufacture, presentation and sale of tobacco and related products.


Payment claim in case of fair compensation is defined as tort commitment

IPPT20160421, CJEU, Austro-Mechana v Amazon

Private international law: All actions which seek to establish the liability of a defendant are the concept of ‘matters relating to tort delict of quasi-delict’. A claim seeking to obtain ‘fair compensation’ for reprographic reproduction or reproduction for private use due by virtue of national law...