NDLI: “Perfume Stick” (Stiftparfüm) : Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on Certain Legal Aspects of Information Society Services, in Particular Electronic Commerce, in the Internal Market, Arts. 14(1), 15(1); Trade Mark Act, Sec. 14(2); Telemedia Act, Secs. 7(2), 10; Enforcement Directive 2004/48/EC, Art. 11

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“Turning Government Data Into Gold”: The Interface Between EU Competition Law and the Public Sector Information Directive—With Some Comments on the Compass Case

“Request to correct patent/FISHER-ROSEMOUNT” : European Patent Convention, Arts. 2(2), 19(1), 70(1)(3), 97(1), 100, 109(1), 112(1)(a), 113(2), 123(2)(3), 138; EPC Rules 71, 91, 95, 103(1)(a), 139, 140

“Method for Breeding Tomatoes/Israel” : European Patent Convention, Art. 53(b)

“Offer for Sale” : Patent Act 2(3)(i) – Nidec Co. Ltd. v. Samsung Electro-Mechanics

“Late-Filed Experimental Results” : Patent Act, Sec. 29(2) – The Procter & Gamble Co. Ltd. v. Carl J. Roof

“Remuneration Scheme for Private Copying” : Intellectual Property Code, Sec. L.311-5, L.311-8; Act on Private Copying No. 2011-1898 of 20 December 2011 – Canal + Distribution et al., SIMAVELEC; SIMAVELEC

“Endstra Tapes” : Copyright Act (Auteurswet 1912), Arts. 1, 10 – Endstra’s Sons v. Middelburg, Vugts and Nieuw Amsterdam

“Plain Packaging” : Constitution of the Commonwealth of Australia, Sec. 51(xxxi); Tobacco Plain Packaging Act 2011 – JT International SA v. Commonwealth of Australia and British American Tobacco Australasia Limited v. The Commonwealth

“PROTI” : First Council Directive of 21 December 1988 to Approximate the Laws of the Member States Relating to Trade Marks (89/104/EEC), Art. 10(1) and (2)(a); The Charter of Fundamental Rights of the European Union, Art. 17(2); Paris Convention for the Protection of Industrial Property, Art. 5.C(2); Trade Mark Act, Sec. 26(3), First and Second Sentence; German Constitution, Art. 14

“Perfume Stick” (Stiftparfüm) : Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on Certain Legal Aspects of Information Society Services, in Particular Electronic Commerce, in the Internal Market, Arts. 14(1), 15(1); Trade Mark Act, Sec. 14(2); Telemedia Act, Secs. 7(2), 10; Enforcement Directive 2004/48/EC, Art. 11

“Compass-Datenbank v. Austria” : Treaty on the Functioning of the European Union, Art. 102; Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the Legal Protection of Databases, Art. 7 – Compass-Datenbank GmbH v. Republik Österreich

Benedetta Ubertazzi: Exclusive Jurisdiction in Intellectual Property, Max-Planck-Institut für Ausländisches und Internationales Privatrecht, Studien zum Ausländischen und Internationalen Privatrecht, Vol. 273. Tübingen, Mohr Siebeck 2012. pp. XVIII, 341. ISBN: 978-3-16-151954-3. €69.00

“Perfume Stick” (Stiftparfüm) : Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on Certain Legal Aspects of Information Society Services, in Particular Electronic Commerce, in the Internal Market, Arts. 14(1), 15(1); Trade Mark Act, Sec. 14(2); Telemedia Act, Secs. 7(2), 10; Enforcement Directive 2004/48/EC, Art. 11

Content Provider	Springer Nature Link
Copyright Year	2013
Abstract	(a) If a right holder notifies the operator of an online marketplace of an infringement of his rights by a sales offer placed on that marketplace, the operator as tortfeasor has the obligation on penalty of injunctive claim to prevent such infringements in future [citations omitted]. (b) This presupposes that the notification is concrete enough that its addressee can easily detect the infringement—that is, without an intensive legal and factual examination. The extent of the examination the operator can be expected to make in this respect depends upon the circumstances of the individual case, especially upon the gravity of the reported infringements, on the one hand, and upon the opportunities the operator has to detect it, on the other hand. (c) The complainant is only required to furnish proof of the infringement if this is justified by legitimate interests of the operator of the online marketplace. This can be the case if there is legitimate reason under the circumstances for the operator to doubt that a proprietary right exists, that the notifying party is authorised to assert this right or that the reported facts of an infringement are true, and therefore would have to conduct his own, thorough investigation in order to be sufficiently sure an infringement has taken place. If the operator of the online marketplace has such legitimate doubts, he is as a rule obliged to communicate them to the notifying party and to request appropriate evidence of the infringement and of the notifying party’s authority to prosecute it. (d) An obligation regarding an operator’s conduct, which if violated, could constitute grounds for a risk of repetition only arises once the operator has learned of the infringement. Thus, the infringing conduct that is the object of a warning or other notice in which the operator of an online marketplace first learned of an infringement cannot be seen as infringing conduct that constitutes grounds for a risk of repetition in the sense of an injunctive claim. Rather, the assumption of risk of repetition requires that an infringement is performed after the obligation to prevent further such infringements has been established [citation omitted].
Starting Page	123
Ending Page	132
Page Count	10
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	44
Issue Number	1
e-ISSN	21950237
Language	English
Publisher	Springer-Verlag
Publisher Date	2013-02-20
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	International IT and Media Law, Intellectual Property Law
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

"Medusa" : EC Regulation No. 40/94 on the Community Trade Mark (CTR), Art. 9(1) sentence 2b; German Trade Mark Act, Sec. 14(2) No. 2; German Copyright Act, Secs. 2, 64

“Rapidshare III” : Copyright Act, Sec. 97; Telemedia Act, Secs. 7(2), 10

“OSCAR” : Trade Mark Act, Sec. 14(2); Code of Civil Procedure, Sec. 253(2); European Jurisdiction and Enforcement Regulation, Art. 5 No. 3; Satellite and Cable Directive 93/83/EEC Art. 1(2)

“Perfume Stick” (Stiftparfüm)

“Converse I” : Community Trade Mark Regulation, Art. 9(1)(2); Trade Mark Act, Sec. 14(2), Nos. 1 and 2, Sec. 24(1)

“MOST-Pralinen” : Trade Mark Act, Sec. 14(2)(1) and (2)

“MyVideo” : Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the Law Applicable to Non-Contractual Obligations (Rome II), Art. 8(1); Copyright Act, Secs. 16, 31, 97

Similar Documents

"Medusa" : EC Regulation No. 40/94 on the Community Trade Mark (CTR), Art. 9(1) sentence 2b; German Trade Mark Act, Sec. 14(2) No. 2; German Copyright Act, Secs. 2, 64

“Rapidshare III” : Copyright Act, Sec. 97; Telemedia Act, Secs. 7(2), 10

“OSCAR” : Trade Mark Act, Sec. 14(2); Code of Civil Procedure, Sec. 253(2); European Jurisdiction and Enforcement Regulation, Art. 5 No. 3; Satellite and Cable Directive 93/83/EEC Art. 1(2)

“Perfume Stick” (Stiftparfüm)

“Converse I” : Community Trade Mark Regulation, Art. 9(1)(2); Trade Mark Act, Sec. 14(2), Nos. 1 and 2, Sec. 24(1)

“MOST-Pralinen” : Trade Mark Act, Sec. 14(2)(1) and (2)

“MyVideo” : Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the Law Applicable to Non-Contractual Obligations (Rome II), Art. 8(1); Copyright Act, Secs. 16, 31, 97