4th edition

2014 Yearbook of Case Law

The 4th edition of the Yearbook of European Case Law on Industrial and Intellectual Property compiles 31 cases from 2014 involving trademarks, copyright, patents, designs, piracy, unfair competition, and personal data, in a volume published to coincide with the 150th anniversary of ELZABURU.

About This Edition

The 4th edition of the Yearbook of European Case Law on Industrial and Intellectual Property features 31 significant cases from 2014 and also coincides with ELZABURU’s 150th anniversary. The selection focuses on rulings by the Court of Justice of the European Union, along with decisions by Spanish courts that help illustrate how these criteria are applied in practice.

Among the topics discussed were three-dimensional and color trademarks, the registration of a business’s image, parody, Internet links, content blocking by intermediaries, the protection of biotechnological inventions, unregistered designs, customs measures against counterfeiting, and the right to be forgotten.

Each case follows the structure of “Facts,” “Rulings,” and “Commentary,” with the text designed to help readers understand not only the decision but also its practical application.

Overall, this edition provides an overview of a particularly significant year in the consolidation of standards that continue to influence the protection and defense of intangible assets.

Notable Rulings

Chapter 1

Brands

Value of the national trademark in the context of opposition proceedings before OHIM
The GOLDEN BALLS/BALLON D’OR Case and the Examination of the Requirement of Notoriety
Ius utendi of the owner of a registered Spanish trademark. Change in case law doctrine

Chapter 2

The Limits of Parody as an Autonomous Concept in Community Law
Copies from Illegal Sources and Compensation for Private Copying
Determining Jurisdiction in an Intellectual Property Infringement Case with Effects in Another Member State

Chapter 3

Patents

Patent Protection for Human Partenotes and the Concept of the Human Embryo
Applicability of the TRIPS Agreement to Patents on Pharmaceutical Products Initially Granted as Process Patents

Chapter 4

Designs

Determining the Distinctiveness of Unregistered Designs
Lack of standing to sue on the part of a subsidiary of the owner of a registered design
Broad Interpretation of the Concept of Disclosure of an Unregistered Community Design and the Burden of Proof in the Case at Hand

Chapter 5

Piracy

Public Interest in Customs Measures and the Authority of Customs Authorities to Investigate Intellectual Property Infringement.
Customs destruction of a counterfeit watch purchased by an individual from a Chinese website

Chapter 6

Advertising and Unfair Competition

Misleading advertising and comparative advertising as distinct categories with separate regulations

Chapter 7

Personal Information

Right to be Forgotten

Chapter 1	Brands	Value of the national trademark in the context of opposition proceedings before OHIM The GOLDEN BALLS/BALLON D’OR Case and the Examination of the Requirement of Notoriety Ius utendi of the owner of a registered Spanish trademark. Change in case law doctrine
Chapter 2	Copyright, Information Society, Internet	The Limits of Parody as an Autonomous Concept in Community Law Copies from Illegal Sources and Compensation for Private Copying Determining Jurisdiction in an Intellectual Property Infringement Case with Effects in Another Member State
Chapter 3	Patents	Patent Protection for Human Partenotes and the Concept of the Human Embryo Applicability of the TRIPS Agreement to Patents on Pharmaceutical Products Initially Granted as Process Patents
Chapter 4	Designs	Determining the Distinctiveness of Unregistered Designs Lack of standing to sue on the part of a subsidiary of the owner of a registered design Broad Interpretation of the Concept of Disclosure of an Unregistered Community Design and the Burden of Proof in the Case at Hand
Chapter 5	Piracy	Public Interest in Customs Measures and the Authority of Customs Authorities to Investigate Intellectual Property Infringement. Customs destruction of a counterfeit watch purchased by an individual from a Chinese website
Chapter 6	Advertising and Unfair Competition	Misleading advertising and comparative advertising as distinct categories with separate regulations
Chapter 7	Personal Information	Right to be Forgotten