European Court of Justice

Food names: tofu is not butter, the ECJ says

The European Court of Justice (ECJ) on 14 June issued an important decision on plant-based foods, noting that they cannot be marketed under “butter”, “milk” or “cheese” names because EU law reserves these for products of animal origin (C-422/16).

The case regarded a German company which produces vegetarian and vegan […]

By |16 06 2017|Uncategorized|0 Comments|

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 […]

By |26 09 2016|Uncategorized|0 Comments|

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 […]

By |22 03 2016|Uncategorized|0 Comments|

The Court of Milan in Mylan v. Boehringer applies the ECJ decisions on supplementary protection certificates

By decision no. 4136/2015 of 31 March (in Mylan v. Boehringer), the Court of Milan declared the invalidity of a supplementary protection certificate (“SPC”) for a combination of two active ingredients, one the object of a basic patent (and already covered by an SPC) and the other one in […]

By |02 04 2015|Uncategorized|0 Comments|

The ECJ in Actavis v. Boehringer on supplementary protection certificates

On 12 March, the Court of Justice of the European Union (“ECJ”) ruled on the possibility of issuing a valid supplementary protection certificate (“SPC”) for a combination of two active ingredients, one the object of the basic patent (and already covered by an SPC) and the other one in […]

By |17 03 2015|Uncategorized|1 Comment|

The parallel import of patented drugs from “new” EU Member States: the ECJ explains the Specific Mechanism

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

The European Court of Justice (“ECJ”) recently clarified the function of the “Specific Mechanism” regulating the parallel import of patented drugs within the EU, which provides an exemption to the principles of free movement of goods […]

By |20 02 2015|Uncategorized|0 Comments|

The European Court of Justice again on supplementary protection certificates

(The original Italian version is also published on Diritto 24 – Il Sole 24 Ore)

On 15 January, the European Court of Justice (“ECJ”) ruled in Case C- 631/13 concerning supplementary protection certificates (“SPCs”). As is known, this is a very relevant matter in the life sciences industry, which we […]

By |04 02 2015|Uncategorized|0 Comments|

Ryanair and the protection of its flight information database: a recent ruling of the ECJ

(The original Italian version is also published on Diritto 24 – Il Sole 24 Ore)

On 15 January, the Court of Justice of the European Union (“ECJ”) ruled in case C-30/ 14 on the contractual protection of the database of the airline Ryanair, containing the data (e.g. times and prices) […]

By |26 01 2015|Uncategorized|0 Comments|

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 […]

By |16 09 2014|Uncategorized|0 Comments|

CJEU’s recent ruling on unregistered Community designs: Karen Miller design case

(Published on Diritto24 of Il Sole 24 Ore)

(Written in collaboration with Silvia Laitila)

The Court of Justice of the European Union (“CJEU”) has recently given its judgment on unregistered Community designs in the well know Karen Millen Fashions Ltd v Dunnes Stores case (C-345/13). As most readers of this blog […]

By |08 07 2014|Uncategorized|0 Comments|

Fair compensation. The ECJ on whether or not to take into account private copies made from unlawful reproductions

(by Francesca Maculan)

The Supreme Court of the Netherlands requested a preliminary ruling from the ECJ (case C-435/12) on the interpretation of art. 5 of the Directive 2001/29/CE on the harmonisation of certain aspects of copyright and related rights in the information society. The Directive prescribes that Member States can […]

By |22 04 2014|Uncategorized|0 Comments|

The IP Court of Palermo on trademark infringement in AdWords ads and relevant ISP liability

With ruling of 7 June 2013 in joined Cases no. 11626/08 and 11627/08, the Court of Palermo (IP Section) issued a decision on trademark infringement through the use of well-known Google “AdWords” service, as well as on the relevant liability of the Internet Service Provider (“ISP”) providing the service.

The […]

By |10 07 2013|Uncategorized|0 Comments|