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
- 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
- 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

- Copyright

- 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 '
  - 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

- Designs

- 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. 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. 17 CDD : Relationship with copyright
- Art. 110 RCD - Transitional provision

- 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
- Personal Data Protection
- Free movement of goods
- Competition law
- TRIPS

- Procedure before the Office and the Court

- Procedure before the Court of Justice
  - New plea in law
  - Article 168 of the Rules of Procedure
  - Article 169 of the Rules of Procedure
  - Article 181 of the Rules of Procedure
- 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 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
- 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

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