IP & IT Briefing: August Teaser

The usually quiet summer months were interrupted this year by significant CJEU rulings affecting copyright, trade marks and SPCs.

Land Nordrhein-Westfalen v Dirk Renckhoff (Case C-161/17 ECLI:EU:C:2018:634) is the latest case to address the ‘making available’ and ‘communication to the public’ language in Directive 2001/29/EC. In a decision that favours copyright owners, the CJEU concluded that the concept of ‘communication to the public’ must be interpreted as meaning that it covers the posting on one website of a photograph previously posted, without any restriction preventing it from being downloaded and with the consent of the copyright holder, on another website.

The judgment in Teva UK Ltd and Others v Gilead Sciences Inc (Case C-121/17, ECLI:EU:C:2018:585) is the court’s latest attempt to clarify provisions of Regulation (EC) No 469/2009 on supplementary protection certificates (SPCs), and in particular what is meant by the phrase ‘product protected by a basic patent in force’ in Article 3(a).

The court has also published three significant judgments on trade mark law: Mitsubishi Shoji Kaisha Ltd, Mitsubishi Caterpillar Forklift Europe BV v Duma Forklifts NV, G.S. International BVBA (Case C-129/17, ECLI:EU:C:2018:594) on the importation into the EEA of de-branded/re-branded goods; Société des produits Nestlé SA and Others v Mondelez UK Holdings & Services Ltd (Joined Cases C‑84/17 P, C‑85/17 P and C‑95/17 P, ECLI:EU:C:2018:596) concerning an application for the shape of a four-finger chocolate bar and how to prove acquired distinctiveness in the EU; and Coöperatieve Vereniging SNB-REACT U.A. v Deepak Mehta (Case C-521/17, ECLI:EU:C:2018:639), which addressed two questions concerning when a brand owners’ association can bring IP infringement proceedings and liability for registering IP addresses linked to infringing domain names.

The IP/IT Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.

Written by Ellie MacKenzie

Subscribe to the Bloomsbury Professional Law Newsletter

Law Online

Bloomsburyprofessionallaw Online research for solicitors and barristers practising in English law Free Trial

Need Help?

Bloomsburyprofessionallaw If you need any help with finding publications or just ask a question. Talk to an Advisor: 01444 416119
or send us a message