2023 Yearbook of Case Law

The 12th edition of the Yearbook of European Case Law on Industrial and Intellectual Property compiles and analyzes 13 selected rulings from 2023, handed down by the Court of Justice of the European Union and by Spanish courts. The publication addresses relevant issues in the areas of trademarks, copyright and the information society, patents, designs, piracy, and plant varieties.

Among the topics analyzed are initial civil appeals against decisions by the Spanish Patent and Trademark Office (OEPM), judicial jurisdiction in trademark matters, communication to the public and private copying, patent infringement and modification, functionality and visibility in industrial designs, penalties for trademark counterfeiting, and damages for infringement of plant variety rights.

Each decision follows the structure of “Facts,” “Rulings,” and “Commentary,” which provides insight into the origin of the dispute, the criteria adopted by the court, and its main legal and practical implications.

The result is a specialized and practical overview of some of the rulings that have shaped the evolution of industrial and intellectual property in 2023.