The EUIPO and its Observatory carry out a range of activities in the enforcement case-law area, these include:
- the collection of national key enforcement judgments and preliminary rulings on the infringement and enforcement of Intellectual Property Rights (IPRs); which are then placed in one single searchable repository (eSearch Case Law database);
- the selection and reporting of recent significant judgments in this field (New case-law);
- legal publications, organisation of webinars, update of EU FAQs on copyright and other activities for enforcers and the judiciary.
As part of its mission, the Observatory monitors, collects and analyses European case-law on the enforcement of IPRs. The aim is to provide legal practitioners, judges and lawmakers with information on legislation and with an updated and meaningful overview of the jurisprudence in this field.
Collection of national key enforcement judgments and preliminary rulings on the infringement and enforcement of IPRs
This collection includes key judgments on all types of IP rights from all the EU Member States and covers both civil and criminal cases. The judgments are considered ‘key’ as they provide a new trend or development in jurisprudence.
Criminal cases are also being monitored under the European Intellectual Property Prosecutors Network (see IP for Enforcers and the Judiciary).
- National key enforcement judgments
The EUIPO, through Observatory, is collaborating with a number of participating national intellectual property offices (IPOs) in EU Member States to create a collection of national key enforcement judgments. Since 2014, the participating IPOs, along with the Community Plant Variety Office (CPVO), have been involved in the systematic collection of key enforcement judgments which are made available in eSearch Case Law Database.
To further enrich this initiative, in 2020, the EUIPO, through Observatory, has launched a new initiative to expand the collection of national key enforcement judgments in order to cover the missing Member States. The aim is to consolidate the collection of national key enforcement judgments, covering all EU Member states, and to make this information publicly available in eSearch Case-law database. This activity is implemented in collaboration with an external service provider, working together with national experts, voluntary expert reviewers and independent reviewers responsible for selecting and analysing national key enforcement judgments. A list of contributors involved in this activity is available here
- Key enforcement Preliminary rulings
The Observatory also monitors, collects and summarises important preliminary rulings of the Court of Justice of the EU related to the infringement or enforcement of intellectual property rights.
- 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. Judgments can be accessed using the advanced search function of the ‘National court judgments’ tab by selecting ‘Only Key Enforcement decisions’ or through the ‘Preliminary rulings’ tab.
Recent case-law on IPR Enforcement
In addition, the Observatory monitors, selects and reports on the latest significant European decisions related to infringing and enforcing of IPRs. The document ‘Recent Case-Law on IPR Enforcement’ contains summaries of decisions from national courts in the EU Member States and preliminary rulings from the CJEU. This collection is updated frequently and is a valuable source of information for the EU legal community as a whole.
Building on this great set of key European decisions, the Observatory is also working on:
- Legal Publications, which involve reports on IP law and IPR enforcement.
- Webinars about specific IPR enforcement issues or general trends, organised in cooperation with the EUIPO Academy. The most recent webinars on IP law and IPR enforcement are available through the Academy Learning Portal.
- FAQs on copyright for consumers and for teachers. The FAQs on copyright help to inform European consumers about what is legal and what is not when using copyright protected content. The FAQs on copyright for teachers helps teachers and students in the EU to find information on using copyright protected content in the context of education and training, particularly online.
- Different IP activities for Enforcers and the Judiciary.
Here are some links to relevant enforcement legislation, including key international legal instruments and EU legal acts. In addition, there are links to information on relevant European Commission´s policies and WIPO sources of information.
- World Intellectual Property Organisation (WIPO) Paris Convention for the Protection of Industrial Property
- WIPO Berne Convention for the protection of literary and artistic works
- WIPO Copyright Treaty and Performances and Phonograms Treaty
- World Trade Organisation (WTO) TRIPS Agreement
- The EUIPO website provides links to key international agreements affecting the European Union trade mark and the Community design.
EU legal framework
- Enforcement Directive: more information is provided by the European Commission;
- Customs Regulation: more information is provided by the European Commission;
- e-Commerce Directive: more information is provided by the European Commission;
- Information Society Directive and Copyright in the Digital Single Market Directive: more information is provided by the European Commission;
- Summaries of EU Legislation : EUR-Lex.
More information about EU law and policy relating to copyright and related rights on the website of the European Commission.
More information about EU law and policy relating to intellectual property (patents, trade marks, designs, geographical indications, trade secrets) on the website of the European Commission.