10th edition

2020 Yearbook of Case Law

The 10th edition commemorates ten years of the Yearbook of European Case Law on Industrial and Intellectual Property with an exceptional selection of 60 significant cases from the Court of Justice, handed down between 2011 and 2020 and organized by the main areas of the field.

About This Edition

The 10th edition of the Yearbook of European Case Law on Industrial and Intellectual Property is a special edition with which ELZABURU commemorates ten years of publication. On this occasion, rather than focusing on rulings from a single year, it compiles 60 significant cases from the Court of Justice handed down between 2011 and 2020, selected for their impact on the evolution of industrial and intellectual property in Europe.

The publication covers a decade of case law across topics such as trademarks, copyright and the information society, patents, designs, piracy, geographical indications, and personal data. Among the topics analyzed are issues that have shaped legal practice in recent years: electronic markets, keywords, communication to the public, private copying, the unitary patent, supplementary protection certificates, Community designs, customs measures, the evocation of geographical indications, and the right to be forgotten.

As in previous editions, each case is presented following the structure of “Facts,” “Rulings,” and “Commentary,” which makes for a clear and practical read.

The result is a comprehensive overview of ten years of decisions that have helped shape the evolution of European industrial and intellectual property.

Notable Rulings

Chapter 1

Brands

Liability of Electronic Marketplace Operators for Infringement of Third-Party Trademarks.
Exceptions to the prohibition on registering identical trademarks for the same goods.
The selection and use of a well-known trademark as a keyword with “just cause” does not constitute an infringement of the trademark owner’s rights.

Chapter 2

Identification of the user associated with an IP address in a civil proceeding regarding copyright infringement.
Resale of Computer Software Licenses. Exhaustion of the Right of Distribution.
International Jurisdiction Over Copyright Infringements Committed Over the Internet.

Chapter 3

Patents

The Court of Justice dismisses the actions brought by Spain and Italy against the Council Decision authorizing enhanced cooperation in the area of establishing protection through a unitary patent.
Applicability of the TRIPS Agreement to pharmaceutical product patents initially granted as process patents.
It is possible to obtain multiple CCPs based on the same patent.

Chapter 4

Designs

Conflict Between Community Designs.
Action for infringement of a Community design against a defendant who is also the owner of a later-registered Community design.
Community design versus an earlier Community figurative mark.

Chapter 5

Piracy

Counterfeit goods in transit. Border measures.
Public Interest in Customs Measures and the Authority of Customs Authorities to Investigate Intellectual Property Infringement.
Limits on Bank Secrecy in Investigations of Online Sales of Counterfeit Branded Products

Chapter 6

Geographical Indications

Community trademark; applicability of the regulations protecting geographical indications for spirits protected at the Community level in relation to trademarks registered prior to their entry into force.
Evocation. Relevant criteria for determining whether a geographical indication is evoked.
The concept of evocativeness in a geographical indication.

Chapter 7

Personal Information

Right to be Forgotten
The Safe Harbor Decision is invalid and violates the fundamental rights of European Union citizens.
Requirements and Scope of the “Legitimate Interest Pursued by a Third Party” in the Processing of Personal Data.

Chapter 1	Brands	Liability of Electronic Marketplace Operators for Infringement of Third-Party Trademarks. Exceptions to the prohibition on registering identical trademarks for the same goods. The selection and use of a well-known trademark as a keyword with “just cause” does not constitute an infringement of the trademark owner’s rights.
Chapter 2	Copyright, Information Society, Internet	Identification of the user associated with an IP address in a civil proceeding regarding copyright infringement. Resale of Computer Software Licenses. Exhaustion of the Right of Distribution. International Jurisdiction Over Copyright Infringements Committed Over the Internet.
Chapter 3	Patents	The Court of Justice dismisses the actions brought by Spain and Italy against the Council Decision authorizing enhanced cooperation in the area of establishing protection through a unitary patent. Applicability of the TRIPS Agreement to pharmaceutical product patents initially granted as process patents. It is possible to obtain multiple CCPs based on the same patent.
Chapter 4	Designs	Conflict Between Community Designs. Action for infringement of a Community design against a defendant who is also the owner of a later-registered Community design. Community design versus an earlier Community figurative mark.
Chapter 5	Piracy	Counterfeit goods in transit. Border measures. Public Interest in Customs Measures and the Authority of Customs Authorities to Investigate Intellectual Property Infringement. Limits on Bank Secrecy in Investigations of Online Sales of Counterfeit Branded Products
Chapter 6	Geographical Indications	Community trademark; applicability of the regulations protecting geographical indications for spirits protected at the Community level in relation to trademarks registered prior to their entry into force. Evocation. Relevant criteria for determining whether a geographical indication is evoked. The concept of evocativeness in a geographical indication.
Chapter 7	Personal Information	Right to be Forgotten The Safe Harbor Decision is invalid and violates the fundamental rights of European Union citizens. Requirements and Scope of the “Legitimate Interest Pursued by a Third Party” in the Processing of Personal Data.