ECJ (Judgment) Reference for a preliminary ruling – Approximation of laws – Directive 2004/48/EC – Enforcement of intellectual property rights – Notion of ‘intermediary whose services are being used by a third . .
ECJ Opinion – Information Society – Intellectual property rights – Directive 2004/48/EC – Copyright and related rights – Directive 2001/29/EC – Illegal downloading on the Internet – Peer to peer through software . .
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – EU trade mark – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by a trade mark – Placing on the market within the European Economic Area (EEA) – Consent of the … Continue reading Harman International Industries (Free movement of goods – Place of first marketing of products by the proprietor of the trade mark or with its consent – Judgment): ECJ 17 Nov 2022
ECJ The applicants, publishers with exclusive rights to reproduce etc, certain audio books, claimed that their exclusive rights had been infringed by the public distribution of the works without their consent by means of a file transport protocol server which allowed file sharing and data transfer between computers connected to the internet. The applicants applied … Continue reading Bonnier Audio AB v Perfect Communication Sweden AB: ECJ 19 Apr 2012
Reference for a preliminary ruling – Intellectual property – Directive 2004/48/EC – Enforcement of intellectual property rights – Article 10 – Corrective measures – Destruction of goods – Concept of ‘infringement of an intellectual property right’ – Goods bearing an EU trade mark Citations: C-355/21, [2022] EUECJ C-355/21, ECLI:EU:C:2022:791 Links: Bailii Jurisdiction: European Intellectual Property … Continue reading Perfumesco.pl: ECJ 13 Oct 2022
ECJ Directive 2004/48/EC – Rules governing the examination of evidence in a dispute before a national court before which an application for annulment of the protection of a utility model has been brought – Powers of the national court – Paris Convention – TRIPS Agreement Citations: C-180/11, [2012] EUECJ C-180/11 Links: Bailii Statutes: Directive 2004/48/EC … Continue reading Plastinnova 2000 Kft v Magyar Szabadalmi Hivatal: ECJ 15 Nov 2012
ECJ (Opinion) Copyright and related rights – Right to effective protection of intellectual property – Directive 2004/48/EC – Article 8 – Protection of personal data – Electronic communications – Retention of data generated some – Transmission of data staff in particular – Directive 2002/58/EC – Article 15 – Directive 2006/24/EC – Article 4 – Audiobooks … Continue reading Bonnier Audio AB v Perfect Communication Sweden AB: ECJ 17 Nov 2011
ECJ (Area Of Freedom, Security And Justice) Jurisdiction and Enforcement – Definition of ‘civil and commercial matters – Recognition and enforcement of a decision imposing a fine calendar – Directive 2004/48/EC – Intellectual property rights – the measures, procedures and remedies in case achievement of such a right – pay the costs in the proceedings … Continue reading Realchemie Nederland v Bayer Cropscience Ag: ECJ 5 Apr 2011
ECJ Opinion – Information society – Search engine – Keyword advertising – Operator of electronic marketplace – Keywords corresponding to trade marks – Directive 89/104/EEC (‘Trade Mark directive’) – Articles 5 and 7 – Regulation (EC) No 40/94 (‘Community Trade mark regulation’) – Articles 9 and 13 – Liability of an operator of electronic marketplace … Continue reading L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoire Garnier and Cie, L’Oreal (UK) Limited v eBay International AG, eBay Europe SARL, eBay (UK) Limited: ECJ 9 Dec 2010
ECJ Opinion – Cooperation between the courts of the Member States in the Evidence Regulation (EC) No 1206/2001 Directive 2004/48/EC of the Hague Convention on the Taking of Evidence Procedure for conservation of evidence violations of intellectual property rights Judges: Kokott AG Citations: C-175/06, [2007] EUECJ C-175/06 Links: Bailii Jurisdiction: European Intellectual Property Updated: 11 … Continue reading Tedesco (Justice And Home Affairs): ECJ 18 Jul 2007
ECJ (Judgment) Reference for a preliminary ruling – Intellectual property – Directive 2004/48/EC – Proceedings concerning an infringement of an intellectual property right – Right of information – Request for information in proceedings – Proceedings linked to the action in which an infringement of an intellectual property right has been found Citations: [2017] WLR(D) 29, … Continue reading New Wave CZ as v ALLTOYS spol. Sro: ECJ 18 Jan 2017
ECJ Regulation (EC) No 44/2001 – Jurisdiction and recognition and enforcement of judgments – Definition of ‘civil and commercial matters’ – Recognition and enforcement of an order imposing a fine – Directive 2004/48/EC – Intellectual property rights – Infringement of those rights – Measures, procedures and remedies – Sentence – Exequatur procedure – Related legal … Continue reading Realchemie Nederland v Bayer Cropscience Ag: ECJ 18 Oct 2011
(Judgment) Reference for a preliminary ruling – Intellectual property rights – Directive 2004/48/EC – Article 14 – Legal costs – Lawyers’ fees – Flat-rate reimbursement – Maximum amounts – Costs of a technical adviser – Reimbursement – Condition of fault on the part of the unsuccessful party JL da Cruz Vilaca, P ECLI:EU:C:2016:611, [2016] EUECJ … Continue reading United Video Properties v Telenet NV: ECJ 28 Jul 2016
ECJ (Judgment) Reference for a preliminary ruling – Intellectual property – Directive 2004/48/EC – Article 13(1) – Audiovisual work – Infringing activity – Damages – Rules for calculation – Lump sum – Moral prejudice – Inclusion) C-99/15, [2016] EUECJ C-99/15 Bailii Directive 2004/48/EC European, Intellectual Property Updated: 13 January 2022; Ref: scu.561956
ECJ Judgment – Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Recognition and enforcement of judgments – Grounds for refusing enforcement – Infringement of public policy in the State in which recognition is sought – Judgment given by a court in another Member State contrary to … Continue reading Diageo Brands BV v Simiramida-04 EOOD: ECJ 16 Jul 2015
ECJ (Judgment Of The Court (Eighth Chamber)) Failure of a Member State to fulfil obligations – Directive 2004/48/EC – Enforcement of intellectual property rights – Failure to transpose within the prescribed period C-395/07, [2008] EUECJ C-395/07 Bailii European, Intellectual Property Updated: 04 December 2021; Ref: scu.526318
ECJ (Judgment Of The Court (Sixth Chamber)) Failure of a Member State to fulfil obligations – Directive 2004/48/EC – Enforcement of intellectual property rights – Failure to transpose within the prescribed period C-341/07, [2008] EUECJ C-341/07 Bailii Directive 2004/48/EC European Updated: 04 December 2021; Ref: scu.526317
ECJ Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Harmonisation of certain aspects of copyright and related rights in the information society – Directive 2001/29/EC – Article 5(2)(b) and (5) – Reproduction right – Exceptions and limitations – Reproduction for private use – Lawful nature of the origin of … Continue reading ACI Adam And Others v Stichting de Thuiskopie: ECJ 10 Apr 2014
ECJ Grand Chamber – Trade marks – Internet – Offer for sale, on an online marketplace targeted at consumers in the European Union, of trade-marked goods intended, by the proprietor, for sale in third States – Removal of the packaging of the goods – Directive 89/104/EEC – Regulation (EC) No 40/94 – Liability of the … Continue reading L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoire Garnier and Cie, L’Oreal (UK) Limited v eBay International AG, eBay Europe SARL, eBay (UK) Limited: ECJ 12 Jul 2011
The respondent ISP companies had been injuncted to stop the transmission of websites which infringed the trade mark rights of the claimants. The ISPs now appealed from the element of the order that they pay the claimants’ costs of implementing the . .
