2nd edition

2012 Yearbook of Case Law

The 2nd edition of the Yearbook of European Case Law on Industrial and Intellectual Property analyzes 38 cases from 2012 involving trademarks, copyright, patents, designs, piracy, geographical indications, and unfair competition, selected for their relevance to European legal practice.
Pages
98
Cases
38
Authors
17
Languages
ES - EN

About This Edition

The 2nd edition of the Yearbook of European Case Law on Industrial and Intellectual Property continues the project launched in 2011, bringing together 38 representative cases from the past year. The selection includes decisions from the Court of Justice and the General Court, the Spanish Court for Community Trademarks and Community Designs, the Supreme Court, and the Boards of Appeal of the European Patent Office.

This overview of various industrial and intellectual property rights examines issues such as the territorial scope of the EU trademark, the identification of goods and services, the resale of software licenses, private copying, database protection, supplementary protection certificates, cross-border patent litigation, and the invalidation of designs.

Each case is presented with an explanation of the Facts, the Rulings, and a Commentary that helps clarify its practical implications.

The result is a detailed overview of the main legal debates of 2012 and of how certain essential rules of European industrial and intellectual property law have gradually taken shape.


Notable Rulings

Chapter 1
Brands
  • Territorial Scope of the Community Trademark
  • Use of a trademark in a manner different from how it was registered and a defensive trademark
  • The possibility of bringing Community trademark infringement actions against a licensee who breaches the terms of the license
Chapter 2
Copyright, Information Society, Internet
  • Resale of computer software licenses. Exhaustion of the right of distribution
  • Computer Programs. Scope of Protection
  • Interpretation of the Limits on Ephemeral Recordings Made by Broadcasters
Chapter 3
Patents
  • Patent Infringement and the TRIPS Agreement. Validity of Product Claims in Pharmaceutical Patents
  • Invalidity of a Utility Model in Administrative Proceedings
  • Interpretation of the Regulation on the Supplementary Protection Certificate for Medicines
Chapter 4
Designs
  • Design Invalidity and Technical Obviousness
  • Community Design Versus an Earlier Community Figurative Mark
  • Conflict Between Community Designs. Invalidity of a Community Design
Chapter 5
Piracy
  • Transportation of Goods Between Countries with Different Criminal Laws Governing Intellectual Property Offenses
Chapter 6
Geographical Indications
  • Inclusion of protected designations in the E-Bacchus database and the right to appeal informational decisions
Chapter 7
Advertising and Unfair Competition
  • A business practice involving winning a prize for free without incurring any expenses