7th edition

2017 Yearbook of Case Law

The 7th edition of the Yearbook of European Case Law on Industrial and Intellectual Property analyzes 31 cases from 2017 involving trademarks, copyright, patents, designs, unfair competition, and personal data, selected to provide a practical overview of developments in European case law.

About This Edition

The 7th edition of the Yearbook of European Case Law on Industrial and Intellectual Property compiles 31 cases from 2017 decided by the Court of Justice of the European Union, the EFTA Court, the Spanish Supreme Court, and the European Union Trademark Court based in Alicante.

Taking a practical approach, the book analyzes issues such as exhaustion in parallel trademarks, file-sharing platforms, the protection of works in the cloud, supplementary protection certificates, the remedy clause in design rights, the online sale of luxury goods, and legitimate interests in data processing.

Each decision follows the structure of “Facts,” “Rulings,” and “Commentary,” which organizes the information and allows readers to quickly identify the court’s reasoning and its scope.

The Yearbook thus provides an in-depth analysis of the issues that helped shape European industrial and intellectual property law in 2017.

Notable Rulings

Chapter 1

Brands

Exhaustion of trademark rights in the case of parallel trademarks.
Action for invalidation against the owner of a European Union trademark based on the grounds set forth in Article 2.2 of the Spanish Trademark Law.
Unilateral termination of an exclusive distribution agreement by a trademark owner.

Chapter 2

Making a cloud-based recording system of audiovisual broadcasts—previously transmitted over the air by television broadcasters—available to users constitutes an act of communication to the public that must be authorized by the rights holders, rather than a private copy.
Rate-setting by copyright management organizations compared to the rates applicable in other Member States.
Platforms that facilitate file sharing through peer-to-peer systems engage in acts of communication to the public by indexing and categorizing the files uploaded by users.

Chapter 3

Designs

It has been confirmed that a CCP with a negative duration may be granted.
The Supreme Court confirms the right of CCP holders to demand that the term of CCPs be amended to comply with the provisions of the Seattle Genetics ruling.
Admissibility of negative features not described before the EPO.

Chapter 4

Unfair Competition

The classification of Uber as a transportation service.
The ban on luxury goods retailers selling their products through Amazon does not violate antitrust laws.
Standing of a foreign company to bring a lawsuit for unfair competition in Spain.

Chapter 5

Personal Information

Requirements and Scope of the “Legitimate Interest Pursued by a Third Party” in the Processing of Personal Data.

Chapter 1	Brands	Exhaustion of trademark rights in the case of parallel trademarks. Action for invalidation against the owner of a European Union trademark based on the grounds set forth in Article 2.2 of the Spanish Trademark Law. Unilateral termination of an exclusive distribution agreement by a trademark owner.
Chapter 2	Copyright	Making a cloud-based recording system of audiovisual broadcasts—previously transmitted over the air by television broadcasters—available to users constitutes an act of communication to the public that must be authorized by the rights holders, rather than a private copy. Rate-setting by copyright management organizations compared to the rates applicable in other Member States. Platforms that facilitate file sharing through peer-to-peer systems engage in acts of communication to the public by indexing and categorizing the files uploaded by users.
Chapter 3	Designs	It has been confirmed that a CCP with a negative duration may be granted. The Supreme Court confirms the right of CCP holders to demand that the term of CCPs be amended to comply with the provisions of the Seattle Genetics ruling. Admissibility of negative features not described before the EPO.
Chapter 4	Unfair Competition	The classification of Uber as a transportation service. The ban on luxury goods retailers selling their products through Amazon does not violate antitrust laws. Standing of a foreign company to bring a lawsuit for unfair competition in Spain.
Chapter 5	Personal Information	Requirements and Scope of the “Legitimate Interest Pursued by a Third Party” in the Processing of Personal Data.