The national key enforcement judgments project started in 2014 and aims to collect key enforcement judgments delivered by the national courts that provide examples of new trends or developments in case-law. europa. Sep 2, 2025 · Intellectual Property case law of the Court of justice of the European Union (CJEU) Each reference to a case contains an abstract of the relevant issues together with an indication of the language of the proceedings. eu. Recent case-law update reports on the latest significant European decisions on IP rights infringement and enforcement. 4 days ago · Conclusion The case of V-Label GmbH v EUIPO (T-464/24) epitomizes the dynamic interplay between trademark law, consumer perception, and business branding in the European Union. If the problem persists, please contact our service desk team at customercare@euipo. The aim is to provide legal practitioners, judges and lawmakers with an overview of recent case-law, including a selection of judgments of the EU courts (General Court and Court of Justice), decisions of the EUIPO’s Boards of Appeal, decisions of the EUIPO’s Cancellation 2 days ago · The case of Johannes Hendricus Maria Smit v EUIPO, currently pending before the EUIPO’s Grand Board of Appeal, raises a question that sits at the intersection of personality rights, branding Case 42 O 14139/24 – Munich I Regional Court – 11 November 2025 The Munich I Regional Court (Landgericht München I) found that Open AI’s generative AI infringed copyright by memorising and reproducing song lyrics. IP Case Law Conference 2026 The event will be held onsite at EUIPO Headquarters in Alicante, Spain and streamed online for registered participants. The Protection of IP Rights through Tort Law: the civil law approach: "l´action en concurrence déloyale" (Unfair competition) 14-9-2016 (Intermediate level) Intermediate Presentation of civil law in relation to unfair competition citing conditions and different case studies in relation to copyright, combination of claims and so forth. May 7, 2025 · A new report has been published providing an update on the most significant recent European decisions concerning the infringement and enforcement of intellectual property rights. Conceptual Background: Emerging Technology IPR Emerging technologies pose unique IP challenges: AI-generated works – who is the author? 3D printing – reproduction of patented designs and copyrighted objects Biotechnology & CRISPR – patent eligibility and scope Blockchain & NFTs – copyright and tokenization Software & algorithms – copyright, patentability, and trade 1 day ago · UK High Court litigation combines statutory trademarks with common law passing off, giving flexibility and fact-sensitive outcomes. The case-law database is accessible free of charge on the Office’s website through the tool eSearch Case Law. CJ/GC case-law Key points and summaries of GC/CJ case-law are prepared for information purposes only and do not necessarily reproduce the exact wording of the judgments. 17 hours ago · The case of Johannes Hendricus Maria Smit v EUIPO, currently pending before the EUIPO's Grand Board of Appeal, raises a question that sits at the intersection of personality rights, branding strategy, and EU trade mark law: can a photorealistic image of a human face function as a trade mark? It created the European Union trade mark (formerly known as the Community trade mark) as a legal instrument in European Union law and established the EUIPO (then known as Office for Harmonisation in the Internal Market, or OHIM) as an EU agency with legal, administrative and financial autonomy. Sep 4, 2025 · Explore intellectual property case law of the CJEU with a comprehensive, freely accessible database of decisions and pending questions. 5 days ago · In this case, the EUIPO found that the relationship between Biozeal and Nanjing TNSG Biotech, which spanned over a decade, gave rise to a duty of fair play. In its judgment of 5 March 2025 (Case T-118/24), the General Court of the European Union (GCEU) clarified the scope of this notion, as well as the EUIPO’s obligation to provide special motivation. On 9 December, significant enhancements to eSearch Case Law went live, as part of the ongoing strategic project Improve eSearch Case Law. Jan 12, 2026 · Recent case-law The EUIPO regularly produces summaries on a selection of cases related to trade marks and designs. The decisions of the Boards of Appeal can be found in one single searchable repository – the eSearch Case Law database. Feb 28, 2025 · The second part of the report covers decisions issued in previous years. EUIPO eSearch Case Law database The national key enforcement judgments and the important preliminary rulings of the Court of Justice of the EU related to the infringement or enforcement of intellectual property rights are all available in the EUIPO’s eSearch Case Law Database. first instance and BoA decisions) and a link to the InfoCuria Database of the Court of Justice of the La EUIPO, a través del Observatorio, colabora con una serie de oficinas nacionales de propiedad intelectual (OPI) participantes de los Estados miembros de la UE para crear una colección de sentencias nacionales clave en materia de cumplimiento. Comité interprofessionnel du vin de Champagne and another v EUIPO, T-239/23, EU:T:2025:638 The General Court recently annulled the EUIPO Board of Appeal’s decision to allow registration of the word mark NERO CHAMPAGNE for wine and related services, upholding the opposition brought by the Champagne industry bodies. Case reference hyperlinks lead to the EUIPO's eSearch Case Law database, providing users with easy access to the decisions along with any available translations. Case C-382/21 P: Appeal brought on 23 June 2021 by the European Union Intellectual Property Office (EUIPO) against the judgment delivered on 14 April 2021 in Case T-579/19, The KaiKai Company Jaeger Wichmann GbR v European Union Intellectual Property Office (EUIPO) Our website has detected a problem when accessing this page from your computer. EU litigation focuses on uniform principles from CJEU and EUIPO, emphasizing global appreciation of confusion and reputation protection. 1 day ago · UK and EU trademark law share roots, but post-Brexit, the UKIPO and UK courts operate independently of the EU’s EUIPO and CJEU. The document contains over 250 summaries of key judgments from national courts and preliminary rulings from the Court of Justice of the European Union (CJEU). 2. Oct 19, 2022 · This is the most convenient time of the year to join ECTA! If you become a member now, your membership subscription will cover not only 2023, but also the remainder of 2022. EUIPO eSearch Case Law database The national key enforcement judgments and the important preliminary rulings of the Court of Justice of the EU related to the infringement or enforcement of intellectual property rights are all available in the EUIPO’s eSearch Case Law Database. Jul 5, 2025 · A new report has been published providing an update on the most significant recent European decisions concerning the infringement and enforcement of intellectual property rights. The case-law database may contain unofficial translations, where indicated, or may facilitate automatic machine translations for information purposes only. The new law, in line with European Union (EU) regulations on… 17 hours ago · Law Gratis 1. Find out more about this activity, as well as other Observatory case-law initiatives, on our The recent case-law update reports on the latest significant European decisions on IP rights infringement and enforcement. Both marks include the English word ‘law’. The EUIPO’s Official Journal along with legal texts and updated practice guidelines regarding the IP rights registered by the Office. Case reference hyperlinks lead to the EUIPO's eSearch Case Law database, providing users with easy access to the judgments, along with any available translations. The aim is to provide legal practitioners, judges and lawmakers with an overview of recent case-law, including a selection of judgments of the EU courts (General Court and Court of Justice), decisions of the EUIPO’s Boards of Appeal, decisions of the EUIPO’s Cancellation Enjoy our new learning proposal with this series of case law bits: from 5 to 15 minutes of highlighted EUIPO cases!In this specific bit you will learn more about the Padrón auténtico case. EUIPO decisions, judgments of the General Court, the Court of Justice and the national courts The hyperlinks in the case reference lead to the Office’s eSearch Case Law database, giving the user easy access to the full text of the judgment or order, together with any available translations of them, a summary of the case, and also further relevant information and documents (e. For external users, or more detailed information, please see the GC/CJ Database, which can be accessed online at http Oct 19, 2022 · This is the most convenient time of the year to join ECTA! If you become a member now, your membership subscription will cover not only 2023, but also the remainder of 2022. In the opinion of the EUIPO examiner, the trade mark application lacked distinctive character and was descriptive in relation to 5 days ago · In Germany a new law on geographical indications has been proposed. Nestlé v Mars (EUIPO / General Court, 2014) – Trademark License Facts Licensing dispute over chocolate brands sold in multiple EU countries. Judgment Court emphasized licensing agreements must clearly define territorial rights. We would like to show you a description here but the site won’t allow us. Select the membership category that suits you best and start benefitting from the advantages of being a member! 🟢 Opportunity to network with IP professionals from all around Europe and beyond in a friendly atmosphere Jan 6, 2025 · By his action under Article 263 TFEU, the applicant seeks the annulment and alteration of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 September 2023 (Case R 78/2022-2). . We begin the year by commenting on the latest decision issued by the EUIPO Grand Board of Appeal in relation to the case concerning the trademark “GEORGE ORWELL” in Classes 9, 16, 28 and 41. The revised and expanded 11 th edition provides a structured overview of case law, organised by topic and reflecting decisions issued in writing up to the end of 2024. 17 hours ago · 1. This article outlines the legal framework and practical 5 days ago · This case goes back to 9 May 2022, when Freixenet applied for the trademark “CB” before the EUIPO for goods in class 33, specifically, sparkling wines. Performing a basic search Use the basic search function to search within EUIPO's database for EUIPO decisions and for judgments of the General Court, the Court of Justice and the National Courts. La EUIPO, a través del Observatorio, colabora con una serie de oficinas nacionales de propiedad intelectual (OPI) participantes de los Estados miembros de la UE para crear una colección de sentencias nacionales clave en materia de cumplimiento. As businesses navigate the complexities of intellectual property protection, understanding the implications of this case becomes paramount. The most recent decisions can be accessed using the ‘Recent BoA decisions’ tab or by using the advanced search function and selecting ‘Board of Appeal decisions’. Select the membership category that suits you best and start benefitting from the advantages of being a member! 🟢 Opportunity to network with IP professionals from all around Europe and beyond in a friendly atmosphere We would like to show you a description here but the site won’t allow us. Remedy Injunctions and damages across EU territories for infringement. Legal Framework United Kingdom Trade Marks Act 1994 (TMA 1994) – main statute UKIPO oversees registration Courts (High Court, Chancery Division) handle disputes Key concepts: infringement, passing off, dilution 2 days ago · The case of Johannes Hendricus Maria Smit v EUIPO, currently pending before the EUIPO’s Grand Board of Appeal, raises a question that sits at the intersection of personality rights, branding strategy, and EU trade mark law: can a photorealistic image of a human face function as a trade mark? The anticipated judgment may prove to be one of the more consequential decisions in recent years on The General Court (GC) partially annuls the Boards of Appeal’s (BoA) decision, allowing the contested sign to proceed for registration for goods in Class 16, such as law reports, legal journals, professional magazines, and services in Classes 35 and 45 related to business and legal consultancy. Feb 10, 2023 · In a recent judgment (case T‑726/21), the European General Court dismissed the appeal filed by Rolex SA and confirmed the decision of the Board of… The BoA establishes that the drawing of a gorilla invoked by the cancellation applicant is an earlier copyrightable work protected under Spanish law and defines whether the contested mark represents a modification or transformation of the original work (§ 41, 44). Decisions Summaries of selected BoA decisions are provided for information purposes only and do not necessarily reproduce the exact wording of the decisions. Case Law of the Boards of Appeal 11th edition / July 2025 The “Case Law of the Boards of Appeal” is a comprehensive resource for anyone involved in European patent law. Read the case-law update. For internal users (EUIPO staff) the original and its available translations can be accessed by CTRL + click on the respective case number. The Hamburg District Court ruled that LAION, a non-profit, did not breach copyright laws by web scraping public images to create AI training datasets, as this qualifies as lawful text and data mining (TDM) for scientific research under German law. Pleas in law Infringement of Article 8 (1) (b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; Infringement of Article 8 (5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. Search Search for specific intellectual property databases eSearch plus call_made eSearch case law call_made Certified copies arrow_forward TMview call_made DESIGNview call_made We would like to show you a description here but the site won’t allow us. Jan 18, 2023 · 1 By its action based on Article 263 TFEU, the applicant, Rolex SA, seeks annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 25 August 2021 (Case R 2389/2020-4) (‘the contested decision’). The document aims to provide practitioners, judges and lawmakers with an overview of the latest developments and trends in jurisprudence in this field. Basic search is the default search option when the eSearch Case Law application opens. Mar 5, 2025 · Genuine use of a European Union trademark (EUTM) is a fundamental condition for maintaining the rights granted by its registration. g. The European Union Intellectual Property Office (EUIPO) manages EU trademarks, designs, and the orphan works database. The first ro We would like to show you a description here but the site won’t allow us. Significance Pleas in law and main arguments By the present action for damages, the applicants claim that the defendant breached its obligations by failing to refer, in its opinion of 17 February 2012 on the terms of securities issued or guaranteed by the Greek State (CON/2012/12), to the unlawfulness of the proposed restructuring of Greece’s public debt through a mandatory exchange by Law 4050/2012. order EUIPO and, in case Nordesta GmbH decides to intervene in the present proceedings, Nordesta GmbH, to pay the costs.

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