IP case law Court of Justice

List of categories


- Trade marks

- Signs of which a trade mark may consist
- Absolute grounds for refusal or invalidity
  - Devoid of any distinctive character
  - Descriptive
  - Customary in the current language
  - Exclusion of specific shapes
  - Deceptive
  - Emblems
  - Color
  - Acquired distinctiveness
  - General
  - Wines
  - Mark contrary to accepted principles of morality
- Concept of 'use'
- Concepts of 'offering and putting on the market'
- Concept of 'third party'
- Double identity
- Likelihood of confusion
- Enhanced protection
- Use other than for the purpose of distinguishing
- Proof of genuine use
- Loss of distinctive character
- Misleading
- Further relative grounds for refusal or invalidity
  - Bad faith application
  - Conflict with unregistered trademark
  - Conflict with well-known marks
  - Conflict with other rights
- Limitation of the effects of a trade mark
- Exhaustion of the rights conferred by a trade mark
- Limitation in consequence of acquiescence
- Enforcement
- Transfer of a trade mark registered in the name of an agent
- Licensing
- Prosecution matters
  - Designation of classes
  - Concept of service
  - Right of priority
  - Date of filing
  - Motivation of refusal by national offices
  - Reference to general principles
  - Languages
  - Renewal
  - Revocation of decisions

- Copyright

- DSM Directive
  - Article 15 - Protection of press publications concerning online uses
  - Article 17 - Use of protected content by online content-sharing service providers
- InfoSoc Directive
  - General
  - Article 2 - Reproduction right
  - Article 3 - Right of communication to the public
  - Article 4 - Distribution right
  - Article 5 - Exceptions and limitations
  - Article 6 - Obligations as to technological measures
  - Article 8 - Sanctions and remedies
  - Article 9 - Continued application of other legal provisions
- Computer programs Directive
  - Concept of 'expression of a computer '
  - Concept of reproduction
  - Exhaustion
  - Exceptions to the restricted acts
- Rental Directive
  - Art. 1. Object of harmonisation
  - Art. 5. Unwaivable right to equitable remuneration
  - Art. 6. Derogation from the exclusive public lending right
  - Art. 8. Broadcasting and communication to the public
  - Art. 10. Limitations to rights
- Cable and satellite Directive
- Term of protection Directive
- Resale right Directive
- No discrimination
- Collective management

- Designs

- Article 3 CDR
- Art. 6 CDR : Individual character
- Art. 7 CDR : Disclosure
- Art. 8 CDR : Designs dictated by their technical function and designs of interconnections
- Art. 10 CDR : Scope of protection (informed user)
- Art. 11 CDR : Commencement and term of protection of the unregistered Community design
- Art. 14 CDR : Right to the Community design
- Art. 19 CRD : Rights conferred by the Community design
- Art. 20 RCD - Limitation of the rights conferred by a Community design
- ART. 25 CDR - Grounds for invalidity
  - Protected emblems
- Art. 32 CDR : Licensing
- Art. 33 CDR : Effects vis-à-vis third parties
- Art. 36 CDR : Conditions with which applications must comply
- Art. 79 CDR : Application of the Convention on Jurisdiction and Enforcement
- Art. 85 CDR : Presumption of validity
- Art. 89 CDR : Sanctions in actions for infringement
- Art. 90 RCD - Provisional measures, including protective measures
- Art. 91 RDC - Specific rules on related actions
- Art. 110 RCD - Transitional provision
- Art. 17 CDD : Relationship with copyright

- Databases

- Concept of database
- Concept of investment
- Concept of extraction
- Concepts of 'permanent transfer' and 'temporary transfer'
- Concept of 'substantial'
- Concept of 're-utilisation'

- Patents

- Biotechnological inventions
- SPC for medicinal products
- SPC for plant protection products

- Plant varieties


- Geographical indications and designations of origin

- Regulation No 2081/92
- Regulation (EC) No 110/2008 (spirit drinks)
- Regulation (EU) No 1308/2013 (Agricultural products)

- Domain names (.eu Top Level Domain)


- IP and other instruments

- Enforcement Directive
- Customs enforcement Regulation
- Jurisdiction and enforcement of judgments / Applicable law
- Misleading and comparative advertising Directive
- eCommerce Directive
- Free movement of goods
- Competition law
- TRIPS
- TAX

- Procedure before the Office and the Court

- Procedure before the Court of Justice
  - New plea in law
  - Art. 49 of the Rules of Procedure (Calculation of time-limits)
  - ARTICLE 53 OF THE RULES OF PROCEDURE
  - Article 168 of the Rules of Procedure
  - Article 169 of the Rules of Procedure
  - Articles 170a and 170b of the Rules of Procedure
  - Article 181 of the Rules of Procedure
  - Article 19 of the Statute of the Court
  - Article 45 of the Statute of the Court
- Procedure before the General Court
  - Article 65 CTM Regulation
  - Right to be heard
  - Obligation to state reasons
  - Article 37 of the Rules of Procedure
  - Article 43 of the Rules of Procedure
  - Article 73 of the rules of procedure
  - Article 113 of the Rules of Procedure
  - Article 122 of the Rules of Procedure
  - Article 135 of the Rules of Procedure
  - Article 174 of the Rules of procedure
  - Article 176 of the Rules of Procedure
  - Article 19 of the Statute of the Court of Justice
  - Article 45 of the Statute of the Court of Justice
  - ARTICLE 58a OF THE STATUTE OF THE COURT OF JUSTICE
- Procedure before the Office
  - Art. 41(3) CTM Regulation
  - Art. 60 CTM Regulation
  - Art. 64(3) CTM Regulation
  - Art. 75 CTM Regulation
  - Art. 76(1) CTM Regulation
  - Art. 76(2) CTM Regulation
  - Art. 80 CTM Regulation
  - Art. 81 CTM Regulation
  - Equal treatment
  - Notifications

- Personal Data Protection

- General Data Protection Regulation (GDPR)
  - Article 2 - Material scope
    - Wholly or partly by automatic means and filing system
    - Exceptions
  - Article 3 - Territorial scope
  - Article 4 - Definitions
    - (1) Personal data
    - (2) Processing
    - (3) Restriction of processing
    - (4) Profiling
    - (5) Pseudonymisation
    - (6) Filing system
    - (7) Controller
    - (8) Processor
    - (9) Recipient
    - (10) Third party
    - (11) Consent
    - (12) Personal data breach
    - (13) Genetic data
    - (14) Biometric data
    - (15) Data concerning health
    - (16) Main establishment
    - (17) Representative
    - (18) Enterprise
    - (19) Group of undertakings
    - (20) Binding corporate rules
    - (21) Supervisory authority
    - (22) Supervisory authority concerned
    - (23) Cross-border processing
    - (24) Relevant and reasoned objection
    - (25) Information society service
    - (26) International organisation
  - Article 5 - Principles relating to processing of personal data
    - a) lawfulness, fairness and transparency
    - b) purpose limitation
    - c) data minimisation
    - d) accuracy
    - e) storage limitation
    - f) integrity and confidentiality
    - Accountability
  - Article 6 - Lawfulness of processing
    - a) Consent
    - b) performance of a contract
    - c) compliance with a legal obligation
    - d) protecting vital interests
    - e) public interest or exercise of official authority
    - f) legitimate interests
  - Article 7 - Conditions for consent
  - Article 8 - Conditions applicable to child's consent in relation to information society services
  - Article 9 - Processing of special categories of personal data
  - Article 10 - Processing of personal data relating to criminal convictions and offences
  - Article 11 - Processing which does not require identification
  - Article 12 Transparent information, communication and modalities for the exercise of the rights of the data subject
  - Article 13 - Information to be provided where personal data are collected from the data subject
  - Article 14 - Information to be provided where personal data have not been obtained from the data subject
  - Article 15 - Right of access by the data subject
  - Article 16 - Right to rectification
  - Article 17 - Right to erasure (‘right to be forgotten’)
  - Article 18 - Right to restriction of processing
  - Article 19 - Notification obligation regarding rectification or erasure of personal data or restriction of processing
  - Article 20 - Right to data portability
  - Article 21 - Right to object
  - Article 22 - Automated individual decision-making, including profiling
  - Article 23 - Restrictions
  - Article 24 - Responsibility of the controller
  - Article 25 - Data protection by design and by default
  - Article 26 - Joint controllers
  - Article 27 - Representatives of controllers or processors not established in the Union
  - Article 28 - Processor
  - Article 29 - Processing under the authority of the controller or processor
  - Article 30 - Records of processing activities
  - Article 31 - Cooperation with the supervisory authority
  - Article 32 - Security of processing
  - Article 33 - Notification of a personal data breach to the supervisory authority
  - Article 34 - Communication of a personal data breach to the data subject
  - Article 35 - Data protection impact assessment
  - Article 36 - Prior consultation
  - Article 37 - Designation of the data protection officer
  - Article 38 - Position of the data protection officer
  - Article 39 - Tasks of the data protection officer
  - Article 40 - Codes of conduct
  - Article 41 - Monitoring of approved codes of conduct
  - Article 42 - Certification
  - Article 43 - Certification bodies
  - Article 44 - General principle for transfers
  - Article 45 - Transfers on the basis of an adequacy decision
  - Article 46 - Transfers subject to appropriate safeguards
  - Article 47 - Binding corporate rules
  - Article 48 - Transfers or disclosures not authorised by Union law
  - Article 49 - Derogations for specific situations
  - Article 50 - International cooperation for the protection of personal data
  - Article 51 - Supervisory authority
  - Article 52 - Independence
  - Article 53 - General conditions for the members of the supervisory authority
  - Article 54 - Rules on the establishment of the supervisory authority
  - Article 55 - Competence
  - Article 56 - Competence of the lead supervisory authority
  - Article 57 - Tasks
  - Article 58 - Powers
  - Article 59 - Activity reports
  - Article 60 - Cooperation between the lead supervisory authority and the other supervisory authorities concerned
  - Article 61 - Mutual assistance
  - Article 62 - Joint operations of supervisory authorities
  - Article 63 - Consistency mechanism
  - Article 64 - Opinion of the Board
  - Article 65 - Dispute resolution by the Board
  - Article 66 - Urgency procedure
  - Article 67 - Exchange of information
  - Article 68 - European Data Protection Board
  - Article 77 - Right to lodge a complaint with a supervisory authority
  - Article 78 - Right to an effective judicial remedy against a supervisory authority
  - Article 79 - Right to an effective judicial remedy against a controller or processor
  - Article 80 - Representation of data subjects
  - Article 81 - Suspension of proceedings
  - Article 82 - Right to compensation and liability
  - Article 83 - General conditions for imposing administrative fines
  - Article 84 - Penalties
  - Article 85 - Processing and freedom of expression and information
  - Article 86 - Processing and public access to official documents
  - Article 87 - Processing of the national identification number
  - Article 88 - Processing in the context of employment
  - Article 89 - Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
  - Article 95 - Relationship with Directive 2002/58/EC
  - Article 96 - Relationship with previously concluded Agreements
- ePrivacy Directive
  - General
  - Article 3 - Services concerned
  - Article 5 - Confidentiality of the communications
  - Article 6 - Traffic data
  - Article 12 - Directories of subscribers
  - Article 13 - Unsolicited communications
  - Article 15 - Application of certain provisions of Directive 95/46/EC
- Law Enforcement Directive (LED)
- European Convention for the Protection of Human Rights and Fundamental Freedoms
  - Article 7 - Respect for private and family life
  - Article 8 - Protection of personal data
  - Article 10 - Freedom of expression
- Charter of Fundamental Rights
- Unfair Commercial Practices Directive
- Data Retention Directive
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