“Standard-Essential Patents demand fairness — enforcement must follow FRAND, not force.” Short Description This landmark CJEU judgment clarified when a holder of a Standard-Essential Patent (SEP) can seek an injunction against an alleged infringer. Because SEPs are essential to industry standards (like 4G/5G communication technologies), their owners must license them on FRAND (Fair, Reasonable and Non-Discriminatory) terms. The Court held that an SEP holder cannot immediately

“Simple online viewing of copyrighted content is not an infringement — browsing is legally safe.” Short Description This case focused on whether temporary copies created by a user’s computer while browsing the internet constitute copyright infringement. The Newspaper Licensing Agency argued that online media monitoring services, such as Meltwater (used by PRCA members), required licenses because users generated copies when viewing news articles. The UK Supreme Court ruled tha

“Databases are protected only when real investment is made in obtaining the data — not merely creating it.” Short Description This case clarified the scope of database rights in the EU, particularly whether investment in the creation of data qualifies for protection under the Database Directive. The British Horseracing Board (BHB) claimed that William Hill infringed its sui generis database right by using race information extracted from BHB’s database. The Court of Justice of

“Designs receive copyright protection when they reflect genuine creative expression—not because they look artistic.” Short Description This case addressed a long-standing debate on whether fashion designs require an additional “aesthetic or artistic value” beyond normal creativity to qualify as works under EU copyright law. The Court of Justice of the European Union concluded that originality alone determines copyright eligibility. Clothing designs, despite being utilitarian

“Originality arises from intellectual creativity — not from time, labour, or investment alone.” Short Description This decision clarified how copyright originality works in the context of sports fixture lists and databases. The Court of Justice of the European Union (CJEU) held that football fixture lists do not qualify as copyright-protected works because their creation involves rules, constraints, and administrative logic rather than creative choices. The Court drew a firm

“A few seconds of sound can trigger liability — unless the sample is transformed beyond recognition.” Short Description This landmark decision clarified the legality of music sampling within the EU. The Court of Justice of the European Union (CJEU) examined whether using even a two-second snippet from a sound recording without permission could amount to copyright infringement. The ruling balanced artistic freedom and exclusive phonogram rights, ultimately stating that any unt

“Commercial linking carries responsibility — profit-driven websites must not knowingly direct users to illegal content.” Short Description : This case addressed whether placing hyperlinks to unauthorized copyrighted material amounts to copyright infringement. The Court of Justice of the European Union (CJEU) clarified that hyperlinking is not automatically illegal, but where a link is provided for profit, the law presumes the linking party knew that the underlying content was

“Linking to freely accessible content is not copyright infringement — no new public, no new communication.” Short Description This landmark EU case addressed whether providing hyperlinks to protected works constitutes a “communication to the public.” Journalists argued that Retriever Sverige aggregated links to their articles without permission, thereby exploiting their copyright. The decision became central to understanding online linking practices. Facts Svensson and other

“Once lawfully sold, software licenses may be resold — exhaustion applies even in the digital world.” Short Description This crucial EU case addressed whether a purchaser of a software license could resell the “used” copy, especially when downloaded digitally rather than provided on physical media. Oracle argued that software downloaded online was licensed, not sold, and therefore not subject to exhaustion. The court had to determine whether digital transactions trigger the s

“Even small extracts may be protected — originality, not length, defines copyright.” Short Description This foundational EU copyright case examined whether extracting and storing 11-word snippets from newspaper articles during a digital data-capture process amounted to copyright infringement. The ruling established that even small fragments can qualify as protected expression if they reflect the author’s intellectual creation. It significantly shaped EU digital reproduction n

“Copyright protects expression — not the functionality of computer programs.” Short Description This influential EU case clarified the scope of copyright protection in software. SAS, a major analytics software company, alleged that WPL unlawfully reproduced functionalities of its SAS system. The court had to determine whether program functionality, languages, and data formats are protected expression or unprotectable ideas. Facts SAS created statistical analysis software used

“Criminal trademark infringement requires proof of dishonest intention — not mere civil confusion.” Short Description This criminal law case clarified how trademark infringement under UK criminal statutes differs from civil infringement. It focused on whether a market trader selling CDs bearing band names without authorization could be criminally liable. The judgment emphasized that criminal liability demands dishonest conduct, not merely the possibility of consumer confusion

“A trader cannot pass off his inferior product as another’s genuine article — the law protects honesty in commercial reputation.” Short Description This landmark UK case established the modern multi-factor test for extended passing off, recognizing that even a descriptive term associated with a class of high-quality products can attract legal protection when the public relies on its reputation. Warnink, the producer of genuine Dutch advocaat, claimed Townend was selling a che

"Passing off protects not just names but also distinctive product appearances and get-up." Short Description : This case, famously known as the “Jif Lemon Case,” is a cornerstone of the common law of passing off. Reckitt & Colman manufactured lemon juice sold in a distinctive yellow, lemon-shaped plastic container. Borden began selling similar lemon juice in almost identical containers, leading Reckitt to sue for passing off — arguing that the imitation misled consumers. Fact

"Trademark exhaustion applies only within the European Economic Area, not internationally." Short Description : This case clarified the geographical scope of trademark exhaustion under EU law. Silhouette, an Austrian eyewear manufacturer, objected to the resale of its products outside its authorized distribution network. Hartlauer had imported genuine Silhouette glasses from Bulgaria, a non-EEA country, and sold them within the EU without permission. Facts : Silhouette distri

"Repackaging of genuine goods is permitted within the EU if it is necessary and done transparently." Short Description : This case dealt with the tension between parallel imports and trademark rights within the European Union. Bristol-Myers Squibb (BMS), a pharmaceutical company, objected to the repackaging of its medicines by Paranova, which imported genuine BMS products from one EU country and resold them in another. The issue was whether such repackaging constituted tradem

“Trademark rights protect origin, but they yield to free trade once goods are lawfully placed on the market.” Short Description : This case defined the principle of exhaustion of trademark rights within the European Community. It determined whether a trademark owner could prevent resale of genuine goods once they were marketed with consent in another EU country. Facts : Hoffmann-La Roche, a Swiss pharmaceutical company, sold Valium tablets in the Netherlands and the UK. Centr

“Fame invites imitation, but the law guards reputation even beyond confusion.” Short Description : This case refined the concept of trademark protection for dissimilar goods under EU law. It confirmed that owners of well-known marks could prevent unauthorized use of their mark on unrelated goods or services if such use exploited or tarnished their reputation. Facts : Davidoff, a Swiss company famous for luxury fragrances, held trademarks for “Davidoff” in various categories.

“When a brand name becomes a keyword, the line between fair competition and infringement grows thin.” Short Description : This case was a major milestone in determining the liability of search engines for trademark use in online advertising. The Court of Justice of the European Union (CJEU) examined whether Google’s AdWords service infringed Louis Vuitton’s trademark rights by allowing advertisers to buy keywords identical to the brand name. The decision drew a clear distinct

“Spying through the skies is still theft of secrets — innovation deserves protection even without locked doors.” Short Description : This landmark U.S. decision broadened the concept of trade-secret misappropriation. It held that obtaining confidential business information through unethical or deceptive observation can be unlawful even without physical trespass. The case became a foundation for interpreting “improper means” in modern trade-secret law. Facts : DuPont was const