13th edition

Case Law Yearbook 2024–2025

The 13th edition of the Yearbook of European Case Law on Industrial and Intellectual Property analyzes a selection of key decisions from 2024 and 2025 on trademarks, copyright, patents, designs, piracy, and geographical indications, with a practical and specialized focus.

About This Edition

The 13th edition of the Yearbook of European Case Law on Industrial and Intellectual Property compiles and analyzes 27 particularly significant rulings from 2024 and 2025, primarily from the Court of Justice of the European Union and also from national courts. The publication addresses key issues related to trademarks, copyright, patents, designs, geographical indications, and piracy, offering insight into how the interpretation and application of these rights are evolving in Europe.

Each decision follows a structure consisting 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.

This new edition also features a refreshed visual identity, in line with the evolution of ELZABURU's corporate image and designed to enhance clarity and make the content easier to navigate.

The Yearbook is rounded out with a list of other judgments of the Court of Justice handed down in 2024 and 2025 that have not been discussed individually.

Notable Rulings

Chapter 1

Brands

The Statute of Limitations Based on Tolerance in Trademark Matters
Confirmation That Actions Based on Bad Faith Are Not Subject to a Statute of Limitations
Declaratory Action for the Non-Existence of a Trademark Infringement Due to Exhaustion of Rights

Chapter 2

Equitable remuneration for phonograms
Mandatory Assignment of Performers' Rights in Public Orchestras
Lack of international jurisdiction of the Spanish court to hear a case involving an infringement of intellectual property rights in Qatar

Chapter 3

Patents

Requirement of technical plausibility to assess inventive step
Jurisdiction of the courts of a Member State to hear cases involving infringements of foreign patents validated in other Member States or third countries
Conditions for Granting a CCP for a Combination of Active Ingredients

Chapter 4

Designs

Design Protection Requirements in the Footwear and Low-Cost Fashion Sectors
Applied Art. Defining Copyright and Industrial Design Rights
The concept of an “informed user” for designs that allow for the assembly or connection of multiple, mutually interchangeable products within a modular system

Chapter 5

Piracy

The right of the owner of a national trademark to prohibit a third party from offering, marketing, or stocking products bearing identical or similar marks in a different Member State

Chapter 6

Geographical Indications

Conflict Between a Protected Wine Designation and an Earlier Well-Known Trademark

Chapter 1	Brands	The Statute of Limitations Based on Tolerance in Trademark Matters Confirmation That Actions Based on Bad Faith Are Not Subject to a Statute of Limitations Declaratory Action for the Non-Existence of a Trademark Infringement Due to Exhaustion of Rights
Chapter 2	Copyright	Equitable remuneration for phonograms Mandatory Assignment of Performers' Rights in Public Orchestras Lack of international jurisdiction of the Spanish court to hear a case involving an infringement of intellectual property rights in Qatar
Chapter 3	Patents	Requirement of technical plausibility to assess inventive step Jurisdiction of the courts of a Member State to hear cases involving infringements of foreign patents validated in other Member States or third countries Conditions for Granting a CCP for a Combination of Active Ingredients
Chapter 4	Designs	Design Protection Requirements in the Footwear and Low-Cost Fashion Sectors Applied Art. Defining Copyright and Industrial Design Rights The concept of an “informed user” for designs that allow for the assembly or connection of multiple, mutually interchangeable products within a modular system
Chapter 5	Piracy	The right of the owner of a national trademark to prohibit a third party from offering, marketing, or stocking products bearing identical or similar marks in a different Member State
Chapter 6	Geographical Indications	Conflict Between a Protected Wine Designation and an Earlier Well-Known Trademark