11th edition

2021-2022 Yearbook of Case Law

The 11th edition of the Yearbook of European Case Law on Industrial and Intellectual Property analyzes 31 court decisions from 2021 and 2022 on trademarks, copyright, patents, designs, piracy, geographical indications, personal data, plant varieties, and trade secrets, taking a practical and specialized approach.
Pages
115
Cases
31
Authors
21
Languages
ES - EN

About This Edition

The 11th edition of the Yearbook of European Case Law on Industrial and Intellectual Property compiles and analyzes 31 judgments of the Court of Justice from 2021 and 2022. The publication provides a systematic overview of European case law on topics such as trademarks, copyright, patents, designs, piracy, geographical indications, personal data, plant varieties, and trade secrets.

Among the selected topics are an analysis of parallel imports and the exhaustion of trademark rights, the liability of digital platforms, preliminary injunctions in patent cases, the protection of designs, the scope of appellations of origin—including the Champagne ruling, which brought us so much satisfaction in 2022 and of which we are proud— the retention of personal data, and the protection of confidential information in public procurement.

Each decision is presented using a standard structure consisting of Facts, Rulings, and Commentary, which provides insight into the origin of the dispute, the criteria adopted by the Court, and the decision’s main legal and practical implications.

The result is a specialized overview of some of the rulings that have shaped the evolution of European industrial and intellectual property law over the past two years.


Notable Rulings

Chapter 1
Brands
  • Parallel Imports: General Principles, Identification of Goods, and Enforcement of Judgments
  • Parallel importation of a generic drug that has been repackaged in new packaging bearing the brand name of the reference drug
  • Exhaustion of Trademark Rights in the Case of Resale of Refillable Products with Label Replacement
Chapter 2
Copyright
  • Fair compensation for private copying. Feasibility of establishing a legal entity in Spain to manage this right and its exceptions
  • Obligations Imposed on Online Service Providers
  • Computer Programs and Decompilation. Licensee Rights
Chapter 3
Patents
  • Jurisdiction over disputes regarding the determination of inventor status when patents are from outside the European Union
  • Feasibility of a Request for Interim Relief Despite Pending Opposition Proceedings Against the European Patent Before the European Patent Office
Chapter 4
Designs
  • Claims Related to an Action for Infringement of a Community Design
  • Public Disclosure of an Unregistered Design When It Is Part of a Product
Chapter 5
Piracy
  • Trademark Infringement on an Online Marketplace
Chapter 6
Geographical Indications
  • Partial annulment of the Council’s decision on the European Union’s accession to the Geneva Act of the Lisbon Agreement
  • Protection of PDOs in Products Exported to Third Countries
  • A geographical indication designating an agricultural product, registered in accordance with the regulations of a Member State and enjoying protection at the national level. Transitional national protection
Chapter 7
Personal Information
  • Subscriber Consent and the Enforcement of the Right to Be Forgotten in Telephone Directories
  • Widespread Retention of Traffic and Location Data
  • Points on a driver's license as information regarding criminal convictions and offenses
Chapter 8
Plant varieties
  • The Statute of Limitations for Infringement Claims Regarding Community Plant Varieties
Chapter 9
Trade secrets
  • The Need to Balance the Principles of Transparency and Confidentiality in Public Bidding Processes