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ECJ confirms a broad interpretation of "extraction" from a protected database

  • Herbert Smith Freehills LLP
  • -
  • European Union, Germany
  • -
  • October 10 2008

The ECJ's decision in Directmedia Publishing GmbH v Albert-Ludwigs-Universität Freiburg (Case C-30407, 9 October 2008) confirms that, for the purposes of infringement, "extraction" of data from a protected database should be interpreted broadly and can include transfers made after individual assessment of the data by the user

Broad-based database protection

  • Wragge Lawrence Graham & Co LLP
  • -
  • European Union, Germany
  • -
  • October 28 2008

By their very nature, the exact scope of protection of sui generis rights in the field of intellectual property is hard to determine

Sui generis right - concept of extraction

  • McDermott Will & Emery
  • -
  • European Union, Germany
  • -
  • November 25 2008

Following a reference from the German courts, the European Court of Justice (ECJ) has, in Directmedia Publishing GmbH v Albert-Ludwigs-Universität Freiburg, provided guidance on, and given a broad scope to, the concept of extraction in the context of infringement of the database right

Application of competition law to compulsory insurance scheme

  • Nabarro LLP
  • -
  • European Union, Germany
  • -
  • December 1 2008

Advocate General Mazák (the AG) has given his Opinion on whether a body providing insurance against accidents at work and occupational diseases is an "undertaking" for the purposes of EC competition law

Appeal of green dot case

  • Nabarro LLP
  • -
  • European Union, Germany
  • -
  • November 12 2007

In May 2007, the European Court of First Instance (CFI) confirmed a finding of a breach of Article 82 EC against Duales System Deutschland (DSD), a German recycling company, in the manner that it operated its payment system for the Der Grune Punkt (Green Dot) trademark

CFI upholds German adjustments to emissions allowances

  • McDermott Will & Emery
  • -
  • European Union, Germany
  • -
  • November 16 2007

The European Court of First Instance (CFI) has ruled that the German rules on ex-post reduction of emissions allowances granted to installations covered by the EU Emissions Trading Scheme (ETS) are compatible with EU rules

New ECJ reference in relation to supplementary protection certificates for medicinal products

  • Bird & Bird
  • -
  • European Union, Germany, United Kingdom
  • -
  • December 20 2007

The latest reference to the ECJ under Council Regulation (EEC) No 179892 concerning the creation of a supplementary protection certificate for medicinal products, which establishes the scheme by which supplementary protection certificates (SPCs) enable de facto patent term extension of up to 5 years to be secured for pharmaceuticals, concerns the time limit for filing an application for such an SPC

Late filing of evidence in support of a CTM opposition

  • Bird & Bird
  • -
  • European Union, Germany, Portugal
  • -
  • February 21 2008

The German company K & L Ruppert Stiftung & Co. Handels-KG (“Ruppert”) lodged an opposition against the registration by three Portuguese individuals of the figurative mark CORPO LIVRE

ECJ rules that only cheese from Parmigiano region qualifies as “Parmesan”

  • McDermott Will & Emery
  • -
  • European Union, Germany
  • -
  • February 29 2008

On 26 February 2008, the European Court of Justice (ECJ) dismissed the European Commission’s action against Germany but confirmed that only cheese bearing the Protected Designation of Origin (PDO) “Parmigiano Reggiano” can be sold under the name “Parmesan”

Action over German waste disposal contract

  • Nabarro LLP
  • -
  • European Union, Germany
  • -
  • January 7 2009

Infringement proceedings have commenced before the European Court of Justice over a public service contract for the disposal of biodegradable waste in Germany