1st edition

2011 Yearbook of Case Law

We are launching the first edition of the Yearbook of European Case Law on Industrial and Intellectual Property, which compiles 26 significant cases from 2011 involving trademarks, copyright, patents, designs, piracy, geographical indications, and unfair competition, with a practical focus geared toward professional application.
Pages
66
Cases
26
Authors
12
Languages
ES - EN

About This Edition

The first edition of the Yearbook of European Case Law on Industrial and Intellectual Property launches a series designed to provide a clear and practical overview of the year’s most significant decisions. It brings together 26 cases drawn primarily from the Court of Justice of the European Union, the Spanish Court for Community Trademarks, Community Designs, and the Boards of Appeal of the European Patent Office, along with several particularly significant Spanish rulings.

The publication addresses topics such as trademarks, copyright and the information society, patents, designs, piracy, geographical indications, advertising, and unfair competition. Among the topics covered are the use of trademarks on the Internet, the liability of online marketplaces, P2P programs, private copying, supplementary protection certificates, the amendment of European patents, and counterfeit goods in transit.

Each case follows a common structure consisting of Facts, Rulings, and Commentary, designed to quickly identify the dispute, the court’s response, and its main implications.

This first edition thus lays the groundwork for a Yearbook designed to track, year by year, the evolution of European case law on industrial and intellectual property.


Notable Rulings

Chapter 1
Brands
  • Filling containers on behalf of another company does not constitute a trademark infringement against a third party
  • The appearance of the surface of a glass bottle may be registered as a Community trademark
  • Exceptions to the Prohibition on Registering Identical Trademarks for the Same Goods
Chapter 2
Copyright, Information Society, Internet
  • Photographic Works and Copyright. Use as Quotations by News Publishers. Jurisdiction
  • Internet service providers are not required to monitor the data transmitted over their networks. P2P programs
  • Violation of Personality Rights. Jurisdiction in Cases of Online Publication
Chapter 3
Patents
  • Requirements for Obtaining Supplementary Protection Certificates (SPCs)
  • Decision G2/10 of the Enlarged Board of Appeal of the European Patent Office
  • European Patent, Product Claims, Infringement by Equivalence, and TRIPS
Chapter 4
Designs
  • Conflict Between Community Designs
  • Granting of preliminary injunctions, without a risk of confusion, regarding a registered design for a hospital bed
  • Precautionary Measures Against the Importation into Spain of Counterfeit Handbags Based on a Registered Design
Chapter 5
Piracy
  • Counterfeit goods in transit. Border measures
Chapter 6
Geographical Indications
  • Applicability of Regulations Protecting Geographical Indications for Spirits in Relation to Prior Trademarks
  • Signs used in commercial transactions that extend beyond the local level as grounds for opposition and geographical indications not registered at the Community level
Chapter 7
Advertising and Unfair Competition
  • Television broadcasting activities. Covert advertising
  • Unfair business practices. Omissions in advertising