ECJ

According to the ECJ, the management of a platform like The Pirate Bay can constitute copyright infringement

The European Court of Justice (ECJ), by ruling of 14 June 2017 (case C-610/15), returned to interpret the notion of “communication to the public” under Art. 3(1) of the so-called Infosoc Directive (2001/29/EC). The decision originates from a reference for a preliminary ruling proposed by the Dutch Supreme Court […]

To the ECJ, the sale of devices allowing the TV streaming of online copyright-protected works without the consent of the right holders is unlawful

By ruling of 26 April (case C-527/15), the European Court of Justice (ECJ) stated on a reference for a preliminary ruling proposed by a Dutch court in the context of a dispute between Stichting Brein, a foundation protecting the interests of copyright holders, and a seller of multimedia players allowing […]

The European Court of Justice on the protectability of the Rubik’s Cube as a trademark

On 10 November, the European Court of Justice (ECJ) ruled on the possibility of registering the shape of the famous Rubik’s Cube as a trademark (C-30/15 P).

The trademark was registered at Community level in 1996 upon application by the holder of the relevant IP rights, Seven Towns Ltd. In […]

The ECJ on access provider liability for copyright infringement by third parties

On 15 September 2016, the European Court of Justice (ECJ) issued a decision on a reference for a preliminary ruling by the Munich Regional Court I (case C-484/14) concerning the interpretation of Article 12(1) of the e-commerce Directive 2000/31/CE. The Article provides that Member States must ensure that providers […]

The ECJ rules on hyperlinks and copyright infringement

By the decision of 8 September 2016 (case C-160/15), the European Court of Justice (ECJ) ruled on a reference for a preliminary ruling by the Dutch Supreme Court, with which the latter requested it to assess whether posting hyperlinks giving access to protected works published online without the authorisation […]

To the ECJ, the broadcasting of TV programmes in a rehab facility constitutes a “communication to the public”

On 31 May 2016, by request of the Regional Court of Cologne, the European Court of Justice (ECJ) defined the correct interpretation to be given to the concept of “communication to the public” of copyright works (case C-117/15).

The issue arose in the context of proceedings started by GEMA, the […]

The ECJ on market exclusivity for orphan drugs

(An Italian version is published on Diritto24 – Il Sole 24 Ore)

On 3 March 2016, the European Court of Justice (ECJ) issued its decision in C-138/15 P, Teva v. European Medicines Agency (EMA) dealing with orphan drugst (of which we already talked here on this blog). The Court dismissed […]

European unitary patent: the ECJ rejects two actions filed by Spain

With two very recent judgments – in cases C-146/13 and C-147/13 – the European Court of Justice (ECJ) put an end to Spain’s hopes of obtaining the annulment of EU Regulations no. 1257/2012 of the European Parliament and no. 1260/2012 of the Council of Europe in the matter of […]

Liability for damages caused by defective medical devices: the ECJ in the Boston Scientific case

(An Italian version of this post is published on Diritto 24 – Il Sole 24 Ore)

By decision of 5 March in joint cases C-503/13 and C-504/13, the European Court of Justice (“ECJ”) provided a preliminary ruling on the liability for damages caused by defective medical devices. The national proceedings […]

The ECJ on the resale right for the benefit of the author of an original work of art

Following a reference for a preliminary ruling proposed by the French Court of Cassation, the European Court of Justice recently ruled on the interpretation of Directive 2001/84/EC about the resale right for the benefit of the author of an original work of art (case C-41/14, Judgment of February 26, 2014).

The […]

The CJEU on the cross-class protection of the trademark “Ballon d’Or”

Written with Michele Papa

By decision of 20 November in joined cases C-581/13 P and C-582/13 P, the Court of Justice of the European Union (“CJEU”) ruled on the cross-class protection of well-known trademarks in relation to Intra-press’ sign “Ballon d’Or”, i.e. the name of the famous football award that […]

The Court of Justice of the EU rules on the right of libraries to digitise books

(Authored by Silvia Laitila)

In its judgment of 11 September in case C-117/13, the Court of Justice of the European Union declared that Member States may authorise libraries to digitise, even without permission from right holders, books they hold in their collection in order to make them available at electronic […]