9th edition

2019 Yearbook of Case Law

The 9th edition of the Yearbook of European Case Law on Industrial and Intellectual Property analyzes 31 2019 rulings on trademarks, copyright, patents, designs, appellations of origin, and personal data, offering a practical overview of some of the year’s key legal precedents.

About This Edition

The 9th edition of the Yearbook of European Case Law on Industrial and Intellectual Property features 31 commentaries on rulings issued in 2019 by the Court of Justice of the European Union, the Spanish Supreme Court, the European Union Trademark Court, and various Provincial Courts. This edition also features ELZABURU’s new corporate identity.

The content is organized into the following categories: trademarks, copyright and the information society, patents, designs, appellations of origin, and personal data. Topics covered include bad faith in trademark registration, secondhand e-books, copyright protection for fashion designs, preliminary injunctions in patent cases, the use of geographical indications, and joint liability in data processing.

Each ruling is analyzed through the Facts, Rulings, and Commentary sections, with the aim of clearly explaining the judicial reasoning and its implications.

The Yearbook thus offers a practical and specialized overview of the case law that shaped 2019.

Notable Rulings

Chapter 1

Brands

A collective mark used to identify a packaging recycling system. The mark is considered to be in genuine use when the sign is affixed to the product and used simultaneously with the individual mark that identifies the product.
Trademark registration by an unscrupulous distributor and damage to the brand's reputation.
Bad faith on the part of the applicant for having maintained pre-contractual relations with the party using the trademark within the European Union.

Chapter 2

Authorization for the sale of used e-books.
Copyright Infringement in the Context of a Computer Program License Agreement.
Copyright Protection for Fashion Designs.

Chapter 3

Patents

Patent Invalidation Following the Granting of Preliminary Injunctions. The Defendant’s Right to “Appropriate Compensation.”
The Importance of the Defining Portion of the Patent for Assessing the Requirement of Inventive Step.
The Importance of the Technical Nature of Expert Reports in the Review of a Patent Invalidity Action Based on Lack of Inventive Step.

Chapter 4

Designs

Jurisdiction of national courts to grant provisional measures in relation to Community designs.
Procedure for Declaring a Community Design Invalid for Scooter-Type Motorcycles.
Copyright on chair designs.

Chapter 5

Designations of Origin

New Developments in the Jurisprudential Evolution of the Concepts of “Evocation” and “Average Consumer” in the Protection of Geographical Indications.

Chapter 6

Personal Information

A website owner’s status as a joint controller when installing the Facebook “Like” button on the website.

Chapter 1	Brands	A collective mark used to identify a packaging recycling system. The mark is considered to be in genuine use when the sign is affixed to the product and used simultaneously with the individual mark that identifies the product. Trademark registration by an unscrupulous distributor and damage to the brand's reputation. Bad faith on the part of the applicant for having maintained pre-contractual relations with the party using the trademark within the European Union.
Chapter 2	Copyright, Information Society, Internet	Authorization for the sale of used e-books. Copyright Infringement in the Context of a Computer Program License Agreement. Copyright Protection for Fashion Designs.
Chapter 3	Patents	Patent Invalidation Following the Granting of Preliminary Injunctions. The Defendant’s Right to “Appropriate Compensation.” The Importance of the Defining Portion of the Patent for Assessing the Requirement of Inventive Step. The Importance of the Technical Nature of Expert Reports in the Review of a Patent Invalidity Action Based on Lack of Inventive Step.
Chapter 4	Designs	Jurisdiction of national courts to grant provisional measures in relation to Community designs. Procedure for Declaring a Community Design Invalid for Scooter-Type Motorcycles. Copyright on chair designs.
Chapter 5	Designations of Origin	New Developments in the Jurisprudential Evolution of the Concepts of “Evocation” and “Average Consumer” in the Protection of Geographical Indications.
Chapter 6	Personal Information	A website owner’s status as a joint controller when installing the Facebook “Like” button on the website.