The Court of Justice of the European Union has recently handed down its judgment on challenges brought by Italy and Spain against an EU Council decision of 10 March 2011 to authorise enhanced cooperation on the EU patent.
On 21 March 2013, Advocate General Kokott gave her opinion on a question sent to the Court of Justice of the European Union for a preliminary ruling on the "due cause" which may shield a third party from the accusation of illegitimate use of a reputable trade mark.
Con sentenza dello scorso 10 gennaio, la Corte Europea dei Diritti dell’Uomo si è pronunciata sul ricorso n. 36769/08 presentato da tre fotografi di moda professionisti contro il Governo francese.
Con sentenza di ieri nella causa C-607/11, la Corte di Giustizia UE ha affermato che le emittenti televisive possono vietare la ritrasmissione via internet dei loro programmi da parte di un’altra società.
Following the approval of the Unitary Patent package by the Council and European Parliament in December last year, representatives of 25 EU member states signed the Unified Patent Court (UPC) Agreement in February this year, seemingly paving the way for implementation of the new Unitary Patent system in the near future.
The Court of Justice of the European Communities (CJEU) issued its decision in the so-called "Onel" case in December 2012.
In 2007, the EU Council of Ministers decided there was a need to update the European trade mark system
In a recent decision, the Court of Justice of the European Union held that the resale of used software generally cannot be excluded in licence terms.
On 19 February 2013, the Agreement on a Unified Patent Court was signed by the majority of the EU member states.
In its judgment of 13 March 2013, the European Court of Human Rights (the "ECtHR") declared that exchange of information on the Internet is covered by a person’s right of freedom of expression, contained in Article 10 (1) of the European Convention on Human Rights (the "ECHR").
Of two long-debated IP initiatives, the one concerning centralization of Finnish IP disputes has reached its goal and the other one concerning EU wide patent protection has reached a remarkable milestone.
The EU General Court has issued a ruling in the so-called CITIGATE case that further specifies which kind of protection is afforded to trademark families.
In a ruling by the First Criminal Court, the Federal Court of Justice (BGH) put a definite end to what is known as the "self-importation model" in the import of pirate material.
According to two decisions of the Federal Court of Justice of 18.12.2012, the costs for the attorney at law participating in nullity proceedings are to be refunded under all circumstances where parallel infringement proceedings are pending.
After decades of protracted discussions and negotiations, Europe's patent law and patent court system are about to undergo their most radical shake-up since the foundation of the European Patent Organisation.
The recently-published "Flaschenträger" decision by the Tenth Senate of the Federal Court of Justice, which deals with cases under the patent and utility model laws, looks at the amount of infringer's profit to be handed over.