Court of Justice of the EU rules on jurisdiction in cross-border IP disputes (BSH v Electrolux (C-339/22))
In its landmark judgement of 25 February 2025, the Court of Justice of the EU (CJEU) clarifies the rules on jurisdiction in cross-border IP disputes in which both infringement and validity issues are raised. The CJEU rules that courts of Member States where the defendant is domiciled and before which an infringement action covering several […]
The Vitra / Kwantum Case | A Next Step in the Harmonisation of EU Copyright Law
On 24 October 2024, the Court of Justice of the European Union (CJEU) delivered an important judgment in the Vitra/Kwantum case (C-227/23) : EU Member States cannot use reciprocity provisions to deny copyright protection to original works of applied art, even if these works originate from non-EU Member States that do not offer copyright protection. […]
GDPR and Administrative Fines | Important clarifications from the CJEU
On 5 December 2023, the Court of Justice of the European Union handed down two important judgments1 which clarify the conditions for imposing an administrative fine on a data-controller for a breach of the General Data Protection Regulation (Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection […]
GDPR and Right to Compensation | Important clarifications from the CJEU
In December 2023 and January 2024, the Court of Justice of the European Union handed down several judgments1 that provide important clarifications regarding the right to compensation for non-material damage suffered as a result of a breach of the GDPR, enshrined in Article 82 of the General Data Protection Regulation (Regulation 2016/679 of the European […]
CJEU allows strict liability when enforcing provisional measures for IP infringement
In a judgment of 11 January 2024 in Mylan v Gilead (C-473/22), the Court of Justice of the European Union (CJEU) has accepted that a party enforcing a provisional measure can be held liable to compensate the defendant for any damages and costs caused by the enforcement, when the intellectual property right on the basis […]
