3rd edition

2013 Yearbook of Case Law

The 3rd edition of the Yearbook of European Case Law on Industrial and Intellectual Property compiles 33 cases from 2013 and analyzes the evolution of case law on trademarks, copyright, patents, piracy, geographical indications, and unfair competition from a practical perspective.
Pages
86
Cases
33
Authors
16
Languages
ES - EN

About This Edition

The 3rd edition of the Yearbook of European Case Law on Industrial and Intellectual Property brings together 33 selected decisions from a particularly active year in this field. The Court of Justice of the European Union once again takes center stage, alongside decisions from the Spanish Court for Community Trademarks and Community Designs, the European Patent Office, the Supreme Court, and the European Court of Human Rights.

Among the topics analyzed are the dilution of well-known trademarks, selective distribution and online sales, the use of trademarks as keywords, streaming, private copying, supplementary protection certificates, the unitary patent, freedom of expression versus intellectual property, and the use of metatags in advertising.

The articles follow the format of “Facts,” “Rulings,” and “Commentary,” which makes it easy to move from the context of the litigation to its practical implications.

This edition thus provides a comprehensive overview of a year in which European case law continued to expand and refine the scope of intangible assets.


Notable Rulings

Chapter 1
Brands
  • Discretion of the Board of Appeal to assess facts and evidence submitted out of time to the Opposition Division
  • Criteria for Proving the Existence of a Risk of Dilution of Well-Known Trademarks
  • Unauthorized Online Distribution of Luxury Goods. Trademark Infringement and Unfair Competition
Chapter 2
Copyright, Information Society, Internet
  • International Jurisdiction Over Copyright Infringements Committed Over the Internet
  • Fair compensation system for private copying that imposes a levy on intermediaries that sell recording media
  • Interpretation of the fair compensation system for private copying provided for in Directive 2001/29/EC
Chapter 3
Patents
  • Inability to obtain a second CCP based on the same patent and two different marketing authorizations
  • Possibility of obtaining multiple CCPs based on the same patent
  • Interpretation of Article 3(a) of EC Regulation No. 469/2009
Chapter 4
Piracy
  • Freedom of expression does not exempt one from intellectual property infringement
Chapter 5
Geographical Indications
  • Evidence of the use of designations of origin invoked as the basis for an opposition, insofar as they are signs used in commercial transactions whose scope is not merely local
Chapter 6
Advertising and Unfair Competition
  • Scope of the Requirements for Classifying a Business Practice as Deceptive
  • Requirements for Classifying a Business Practice as Deceptive
  • Concept of commercial advertising. Use of meta tags