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Verisil Computer Electronics Communication Technology and Publication, Foreign Trade LLC v. Microsoft Corporation Law on Intellectual and Artistic Works (Law No. 5846), Art. 23/2
1. The sale of “second-hand” software does not infringe any copyrights concerning the software. 2. A provision in the licensing agreement stating that software may only be transferred with a licensed device is irrelevant with respect to copyright protection since it is merely related to the commercialization of the software and the control of a secondary market.
1. According to the essential basic principle of Sec. 7, first sentence of the Copyright Administration Act, a collecting society is required to distribute the revenues from its activity exclusively to the entitled parties, and to do so in the proportion in which these revenues are based on an exploitation of the rights and assertion of the claims of the respective parties. It is therefore incompatible...
China’s current intellectual property rights (IPRs) system has been developed through the transplantation of the concept and models from the Western world following its socialist market economy reforms in the late 1970s. The process of establishing an IP regime in China thus reflects a vivid model of legal transplantation. This study examines how China’s IP regime has been shaped and how the legal...
(a) Following the revision of the law by the Act on the Improvement of the Enforcement of Intellectual Property Rights of 7 July 2008 [citation omitted], the provisions contained in Secs. 126 et seq. of the Trade Mark Act provide protection for indications of geographical origin based not on unfair competition law but rather on the law on distinguishing signs. (b) The provision of Sec. 127(1)...
1. Article 12(1) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (‘Directive on electronic commerce’), read in conjunction with Article 2(a) of that directive and with Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council...
Reha Training Gesellschaft für Sport- und Unfallrehabilitation mbH v. Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte eV (GEMA)
Directive 20/29/EC, Art. 3(1);
Directive 2006/115/EC, Art. 8(2)
1. In a case such as that in the main proceedings, in which it is alleged that the broadcast of television programmes by means of television sets that the operator of a rehabilitation centre has installed in its premises affects the copyright and related rights of a large number of interested parties, in particular, composers, songwriters and music publishers, but also performers, phonogramme producers...
I. CHIEF JUSTICE ROBERTS delivered the opinion of the Court. 1. Section 284 of the Patent Act provides that, in a case of infringement, courts “may increase the damages up to three times the amount found or assessed.” 35 U.S.C. §284. In In re Seagate Technology, LLC, 497 F.3d 1360 (2007) (en banc), the United States Court of Appeals for the Federal Circuit adopted a two-part test for determining...
This article examines the institutional changes created by the unitary patent package (UPP), including the unified patent court (UPCt), in the European patent system. It focuses specifically on the implications of these changes for the morality provisions for biotech inventions: contained in Art. 53(a) EPC and Art. 6 Biotechnology Directive 98/44EC. These provisions were chosen as a site of investigation...
This paper examines the competence of the EU to introduce a neighbouring right for publishers (including a neighbouring right for press publishers, also called “ancillary copyright”). The assessment of competence is carried out following a step-by-step approach, which involves an analysis of the applicable Treaty norms and an assessment of subsidiarity and proportionality.
a) Invitation emails sent by the provider of a social network on the Internet to recipients who are not members of the network and who have not expressly consented to receiving such emails constitute unconscionable pestering within the meaning of Sec. 7(2) No. 3 of the Act against Unfair Competition. b) With respect to the limitation period, the claimant must be attributed the knowledge acquired...
Nike International Ltd. and Nike do Brasil Comércio e Participações Ltda. v. Imadco Comércio de Brinquedos Eletrônicos Ltda. Law No. 9279/1996 (Industrial Property Law), Arts. 207–210
1. The established case law of the Superior Court of Justice supports the compensation for moral damages incurred by a legal person whose trade mark was counterfeited. These damages may result from the depreciation of its image, identity or credibility. 2. For the purposes of compensation, Arts. 207 to 210 of Law No. 9279/1996 do not require any evidence that the counterfeit products were put...
1. Article 34 TFEU must be interpreted as meaning that national legislation, such as that at issue in the main proceedings, which provides for a system of fixed prices for the sale by pharmacies of prescription-only medicinal products for human use, constitutes a measure having equivalent effect to a quantitative restriction on imports, within the meaning of that article, since that legislation has...
1. The protection of intellectual property rights, including the protection of copyright, falls within the scope of Article 1 of Protocol No. 1 to the Convention. 2. Two conditions must be met in order to comply with Article 34 of the Convention: an applicant must fall into one of the categories of petitioners mentioned in Article 34, and he or she must be able to make out a case that he or she...
This report highlights the main UK patent cases from 2016, including the interpretation of “plausibility” and “obvious to try”, obviousness, experimental use, numerical limits, infringement, stays, and a case to watch on “Arrow declarations”.
This report highlights key UK trade mark and design decisions from the past year that may be of particular interest to comparative lawyers, especially in view of Brexit: the High Court handed down the decision in the “4bar KitKat” decision, and despite the CJEU’s preliminary ruling, Arnold J supported the original UKIPO Hearing Officer’s decision, which used a slightly different test in relation...
To agree or disagree with the doctrine of dilution is one thing, but admitting the straightforwardness of this doctrine is another. Dilution was integrated within the Jordanian Trademarks Law in the late 1990s, yet in a version that bears no significance to the foundations of dilution as articulated by the American scholar Frank Schechter, nor to other comparative systems such as the Lanham Act, the...
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