5th edition

2015 Yearbook of Case Law

The 5th edition of the Yearbook of European Case Law on Industrial and Intellectual Property analyzes 35 cases from 2015 involving trademarks, copyright, patents, designs, piracy, personal data, appellations of origin, and domain names, offering a practical approach to European case law.

About This Edition

The 5th edition of the Yearbook of European Case Law on Industrial and Intellectual Property compiles 35 cases decided in 2015 by the Court of Justice of the European Union, the Spanish Supreme Court, and the Community Trade Mark and Design Court in Alicante. The selection focuses on disputes with a supranational dimension and practical relevance for the protection of industrial and intellectual property rights.

Among the issues analyzed are the protection of well-known trademarks, exhaustion and parallel imports, supplementary protection certificates, private copying, data protection, and the scope of the “Champagne” designation.

Each case is presented using the standard structure of Facts, Rulings, and Commentary, which makes it easier to identify the source of the dispute, the solution adopted by the court, and its main legal consequences.

The result is a clear and accessible overview of some of the rulings that shaped European case law in 2015.

Notable Rulings

Chapter 1

Brands

“When in doubt, go with reputation.”
Penalty payment for failure to comply with a judgment finding infringement of a Community trademark.
Product shape and acquired distinctiveness.

Chapter 2

Public communication by broadcasters using the “direct introduction” technique.
The freedom of Member States to determine who is entitled to compensation for private copying.
National legislation that expands the intellectual property rights set forth in the EU Directives.

Chapter 3

Patents

A Change in Doctrine Regarding the Application of TRIPS to a European Process Patent Converted into a Product Patent.
Regarding the “date of the first marketing authorization in the EU” for the purpose of determining the duration of the CCP.
Deadline for complying with the obligation to pay fair compensation to the holder of a plant variety protection right.

Chapter 4

Designs

The Relationship Between the So-Called “Reparation Clause” and EU Trademark Law.
The user was notified of the infringement of the registered Community design.
The requirement for the owner of an unregistered Community design to prove its novelty and distinctiveness.

Chapter 5

Piracy

Limits on Bank Secrecy in Investigations of Online Sales of Counterfeit Branded Products.
Products bearing a trademark that are released for free circulation and placed under the excise tax suspension regime without the consent of the trademark owner.

Chapter 6

Personal Information

Data Protection and the Right to Privacy and Reputation. Blacklists. Burden of Proof.
The Right to Be Forgotten Online.
The Safe Harbor Decision is invalid and violates the fundamental rights of European Union citizens.

Chapter 7

Designations of Origin

The use of the term “Champagne” to refer to a cocktail bar constitutes an infringement of the protected designation of origin “Champagne.”

Chapter 8

Domain names

Cancellation of a domain name due to a violation of the rules governing the registration process.

Chapter 1	Brands	“When in doubt, go with reputation.” Penalty payment for failure to comply with a judgment finding infringement of a Community trademark. Product shape and acquired distinctiveness.
Chapter 2	Copyright, Information Society, Internet	Public communication by broadcasters using the “direct introduction” technique. The freedom of Member States to determine who is entitled to compensation for private copying. National legislation that expands the intellectual property rights set forth in the EU Directives.
Chapter 3	Patents	A Change in Doctrine Regarding the Application of TRIPS to a European Process Patent Converted into a Product Patent. Regarding the “date of the first marketing authorization in the EU” for the purpose of determining the duration of the CCP. Deadline for complying with the obligation to pay fair compensation to the holder of a plant variety protection right.
Chapter 4	Designs	The Relationship Between the So-Called “Reparation Clause” and EU Trademark Law. The user was notified of the infringement of the registered Community design. The requirement for the owner of an unregistered Community design to prove its novelty and distinctiveness.
Chapter 5	Piracy	Limits on Bank Secrecy in Investigations of Online Sales of Counterfeit Branded Products. Products bearing a trademark that are released for free circulation and placed under the excise tax suspension regime without the consent of the trademark owner.
Chapter 6	Personal Information	Data Protection and the Right to Privacy and Reputation. Blacklists. Burden of Proof. The Right to Be Forgotten Online. The Safe Harbor Decision is invalid and violates the fundamental rights of European Union citizens.
Chapter 7	Designations of Origin	The use of the term “Champagne” to refer to a cocktail bar constitutes an infringement of the protected designation of origin “Champagne.”
Chapter 8	Domain names	Cancellation of a domain name due to a violation of the rules governing the registration process.