Landmark IP Decisions of the European Court of Justice (2019-2024)

3rd edition

Book | 1st edition 2025 | Europe | Huib Berendschot, Karel Janssens, Bram Woltering, Marie Manhaeve

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Description

Authors

Technical info

Chapters

Description

In this age of fast-evolving technological and digital developments many essential questions relating to Intellectual Property law are referred to the European Court of Justice for interpretation.
This book contains a review of no fewer than forty “landmark” decisions issued by the European Court in this field between 2019 and 2024.

Harmonisation of IP law and the creation of the largest single market in the world have brought both opportunities and threats. In 2008, several law firms understood the opportunities that this created and decided to launch a unique coalition of firms with offices in various European jurisdictions.
This cooperation and the shared interest in the further harmonisation of IP law has led to this book – the third of its series after the 2008-2013 and 2014-2018 editions – providing inside views on some of the most important IP decisions of the European Court of Justice in recent years.

As each decision originates from a dispute before a Member State court, the European Court’s rulings have, as far as possible, been summarised and analysed by authors who are familiar with the relevant national jurisdiction.

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Authors

Editors

Huib Berendschot
Karel Janssens
Bram Woltering : Attorney-at-law at AKD in the Netherlands
Marie Manhaeve : Attorney-at-law at the Belgian law firm & DE BANDT

Technical info

More Information
Type of product	Book
Format	Hardback
EAN / ISSN	9781839704253
Weight	710 g
Status	Available
Number of pages	368 p.
Access to exercice	No
Publisher	Larcier
Language	English
Publication Date	Jun 13, 2025
Available on Strada Belgique	Yes
Available on Strada Europe	Yes
Available on Strada Luxembourg	No

Chapters

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Table of contents and preliminary pages
On whether the concept of ‘shape’ as an absolute ground for refusal covers other characteristics, such as patterns, applied to a specific location on a twodimensional product – Case C-21/18
Åsa Krook, Jonna Rask
On the distinction of grounds for applying for a colour mark and a figurative mark – Case C-578/17
Åsa Krook, Jonna Rask
On the use of signs capable of evoking the region with which a protected PDO is associated and whether the concept of the ‘average consumer who is reasonably well informed and reasonably observant and circumspect’ refers to European consumers or consumers of the Member State in which the product covered by the PDO is made and mainly consumed – Case C-614/17
Marta Gimeno
On what effect a disclaimer should have on the extent of protection of an earlier trade mark when likelihood of confusion is evaluated in relation to a younger trade mark application – Case C-705/17
Claes Agnvall
On the concept of samples as reproductions and infringement of the phonogram producer’s exclusive rights – Case C-476/17
Julia Selbmann
On the right to appropriate compensation for losses caused by provisional measures – Case C‑688/17
Eva Gostiša
On the requirement under national law of a significant aesthetic visual effect for copyright protection – Case C-683/17
Antonio Andrade, Pedro Hemsworth
On provisional and protective measures and jurisdiction of national courts of first instance – Case C-678/18
Huib Berendschot
On the limitation of trademark rights in consequence of acquiescence – Case C-466/20
Bram Woltering
On second-hand e-books and the right of communication to the public – Case C‑263/18
Bram Woltering
On the identification of the goods or services covered by the registration, failure to comply with the requirements of clarity and precision, and bad faith of the applicant – Case C‑371/18
Bram Woltering
On liability for storage on behalf of third parties of goods that infringe a trade mark – Case C-567/18
Lena van Bracht
On the revocation of a trade mark for lack of genuine use. Right of the trade mark proprietor to plead infringement of his or her exclusive rights as a result of the use by a third party of an identical or similar sign during the period preceding the date on which the revocation took effect – Case C-622/18
Huib Berendschot
On trade mark protection of product shapes – Case C‑237/19
Urša Horvat Kous
On the concept of genuine use and its interpretation, especially in relation to a narrow and limited use within a broader category – Joined cases C-720/18 and C-721/18
Urša Horvat Kous
On the communication to the public of an audiovisual work incorporating a phonogram or a reproduction of a phonogram and the possibility to claim a single equitable remuneration – Case C-147/19
Marta Gimeno
On royalty calculation methods of collecting societies: potential abuse of a dominant position under competition law – Case C-372/19
Marion Nuytten
On the protection of geographical indications and designations of origin for agricultural products and foodstuffs – Case C-490/19
Margarida Castillo Silva, Maria Rubina Silva
On the act of making available a protected work to the public by users of peer-to-peer networks and the balance between the protection of intellectual property rights and the right to privacy – Case C-597/19
Ina Donvil
On the prescription of actions for infringement of community plant variety rights – Case C-186/18
Marta Gimeno
On the applicable law concerning claims supplementary to an action for infringement – Case C-421/20
Dilan Mienert
On the freedom of expression and information, the protection of intellectual property and the obligations imposed on online content-sharing service providers – Case C-401/19
Patrycja Gierdal
On the concept of the compensation of reasonable and proportionate legal costs – Case C-531/20
Kerim Uzman
On the issue whether the proprietor of a trade mark may prevent a third party from using, in the course of trade, an earlier right applying in a particular locality – Case C-112/21
Roderick Chalmers Hoynck van Papendrecht
On the legality of: (i) the system implemented in Spain in order to control and manage the payment of compensation for private copying, the exemptions from payment and reimbursements by a private law entity controlled solely by copyright management societies (ii) the faculty conferred to said entities to request access to the information necessary for the exercise of the powers of review, without it being possible, in particular, for the person under review to rely on the confidentiality of business account
Marta Gimeno
On the concept of ‘broadcast retransmission’ for the purpose of related rights infringement – Case C-716/20
Manuel Durães Rocha, Leonor Sá e Frade
On the concept of grounds for opposing further commercialisation of the goods bearing the trade mark – Case C-197/21
Åsa Krook, Jonna Rask
On the parallel import of a generic medicinal product under the trade mark of the reference (originator) medicinal product – Joined cases C-253/20 and C-254/20
Karel Janssens, Victoria Heinen
On striking a balance between free movement of goods in the European internal market, the essential function of trade marks and the safety of medical products – Case C-224/20
Louise Thorning Ahle
On enforcement proceedings in trade mark cases, identifying the goods covered by the judicial decision, fair trial, rights of defence and equality of arms – Case C-175/21
Barbara Załęcka-Wysocka
On the liability of an operator of an online marketplace where third parties advertise counterfeit goods – Joined Cases C-148/21 and C-184/21
Isaline d’Hoop de Synghem, Marie Manhaeve
On conditions for the protection of a component part of a complex product, the concepts of ‘visibility’ and ‘normal use’, and the novelty, individual character and visibility of a component part of a complex product during normal use – Case C-472/21
Huib Berendschot
On the notion of communication to the public in the context of broadcasting of musical works in a means of passenger transport – Joined Cases C-775/21 and C-826/21
Marie Manhaeve
On the prerequisites for jurisdiction of member state courts in trade mark infringement cases – Case C-104/22
Åsa Krook, Jonna Rask
On the conditions of majority required between joint proprietors for granting and terminating a licence of their trade mark – Case C-686/21
Ana Panão, Matilde Ortins de Bettencourt
On the issue of the need to establish the existence of an intellectual property right in incidental proceedings to ensure enforcement of intellectual property rights such as a request to provide information submitted prior to formulating a statement of claims – Case C-628/21
Ewa Nagy
On the question of whether a counterclaim for a declaration of invalidity of an EU trademark may relate to all the rights which the proprietor of that mark derives from its registration – Case C-654/21
Patrycja Gierdal
On the copyright protection of a product – Case C-833/18
Eva Gostiša
On the scope of the ‘private copying’ exception and the right to communication to the public with regard to iptv service providers – Case C-426/21
Marie Manhaeve
On the limitation of the effects of a trade mark, use of a trade mark to indicate the intended purpose of a product or service – Case C‑361/22
Lucia Martin-Sanz Barrachina
On the interpretation of Article 9(7) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights – Case C‑473/22
Åsa Krook, Felix Suihko
On the burden of proof of the exhaustion of the rights conferred by an EU trade mark – Case C-367/21
Ewa Nagy
On the limitations of trade mark use in automotive spare parts – Case C-334/22
Emma Dekeuwer
On copyright protection for the subject matter of applied art of which the country of origin is not a Member State and the criterion of material reciprocity of the Berne Convention – Case C‑227/23
Bram Woltering
On the direct effect of Article 5(2)(a) and (b) of the InfoSoc Directive – Case C-230/23
Karel Janssens, Emma Dekeuwer
Index Case Number
Index Case Name