The Infona portal uses cookies, i.e. strings of text saved by a browser on the user's device. The portal can access those files and use them to remember the user's data, such as their chosen settings (screen view, interface language, etc.), or their login data. By using the Infona portal the user accepts automatic saving and using this information for portal operation purposes. More information on the subject can be found in the Privacy Policy and Terms of Service. By closing this window the user confirms that they have read the information on cookie usage, and they accept the privacy policy and the way cookies are used by the portal. You can change the cookie settings in your browser.
This article examines the determination of damages for patent infringement in China. Based on empirical data, Chinese judicial precedence and judicial interpretations, this article depicts how the size of damages for patent infringement is determined through three methods (the patentee’s actual loss, the infringer’s profits and reasonable royalties) and statutory damages in China. In particular, it...
1. Article 5(2)(a) and Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted as meaning that, with regard to the phrase ‘fair compensation’ contained in those provisions, it is necessary to draw a distinction according to whether the...
The use of loudspeakers to amplify the signal, sound or image broadcasted by radio or television does not constitute a new transmission of the work, thus not requiring the authorisation of the author or its representative and not constituting the crime of usurpation in accordance with Arts. 149, 195 and 197 of the Copyright Act.
1. Article 4(3) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that, if the reputation of an earlier Community mark is established in a substantial part of the territory of the European Union, which may, in some circumstances, coincide with the territory of...
Sociedade Portuguesa de Autores CRL v. Ministério Público, Carlos Manuel Prata Pereira Sá Meneses, Sandra Carla Ferreira Cardoso, and Douros Bar Lda
Directive 2001/29/EC, Art. 3(1); Rules of Procedure, Art. 99
The concept of ‘communication to the public’ within the meaning of Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted as meaning that it covers the transmission, by operators of a café-restaurant, of musico-literary works broadcast by...
1. Article 13(1) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products must be interpreted as meaning that the ‘date of the first authorisation to place the product on the market in the [European Union]’ is determined by EU law. 2. Article 13(1) of Regulation No 469/2009 is to be interpreted...
This paper reexamines the current legal landscape regarding the protection of trade marks and other industrial property rights in signs on the Internet. It is based on a comparative analysis of EU and national laws, in particular, German, U.S., and U.K. law. It starts with a short restatement of the principles governing trade mark conflicts that occur within a particular jurisdiction (part 2) and...
1. A claimant in a passing off claim must establish that it has actual goodwill in this jurisdiction, and that such goodwill involves the presence of clients or customers in the jurisdiction for the products or services in question. 2. Where the claimant’s business is abroad, people who are in the jurisdiction, but who are not customers of the claimant in the jurisdiction, will not do, even if...
1. Article 19(1) of Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited liability companies, as amended by Directive 2009/109/EC of the European Parliament and of the Council of 16 September 2009, must be interpreted as meaning that a ‘merger by acquisition’ in Article 3(1) of the directive results in the transfer to the...
a) A black-and-white mark is not identical with the same sign in colour if the differences in colour are not insignificant. b) A use as a trade mark is given if an insignia that serves to be fitted on spare parts bears the well-known mark of an automobile manufacturer. c) If the trade mark in dispute is used by a third party for its products like its own mark, the limit to protection provided...
This case note takes a look at the dilemma with which the Second Instance Court of Coimbra, Portugal, is confronted as the CJEU preliminary ruling it requested on the concept of “communication to the public” in the case Sociedade Portuguesa de Autores offers, for similar facts, a fully different interpretation than an authoritative decision of the Supreme Court of Portugal. Delving, in particular,...
Procedures for setting the tariffs in collective management of copyright in Central and Eastern Europe are currently more or less intensively coloured by the influence of state authorities (such as intellectual property/copyright offices or competent ministers) or quasi-state authorities (such as copyright expert boards, councils or mediators). This article presents the results and conclusions drawn...
1. Article 9(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark must be interpreted as meaning that, in order to assess the likelihood of confusion that may exist between a Community trade mark and a sign which cover identical or similar goods and which both contain a dominant Arabic word in Latin and Arabic script, those words being visually similar, in...
Findings by the patent court that support the conclusion that the reproduction of an example embodiment described in a prior art document leads to the realisation of a feature of the subject matter of the patent at issue are binding in the appeal proceedings unless there are concrete indications that justify doubts as to their accuracy. DW
a) A means does not relate to an essential element of the invention within the meaning of Sec. 10(1) of the Patent Act merely because it is used to implement a process stage that precedes the stages specified in the patent claim of a process patent. This also applies if the preceding step is necessary in order to be able to execute the steps specified in the patent claim and if the means, by virtue...
Instructions that, while concerning the (visual) reproduction of information, focus not on the communication of specific content or its communication in a particular form but rather on the presentation of pictorial content in a manner that takes account of the physical features of human perception and acquisition of information, and whose aim is in a specific manner to enable, improve or appropriately...
Set the date range to filter the displayed results. You can set a starting date, ending date or both. You can enter the dates manually or choose them from the calendar.