IP / CASE STUDIES
A landmark case. A precise analysis.
Intellectual-property case studies from Poland and around the world. Facts, legal questions, reasoning and limits, with links to judgments and research.
These editorial studies examine publicly documented disputes. They do not describe cases handled by the website publisher.
Chomikuj.pl: when a platform’s technical model becomes a copyright issue
A Polish case study of platform liability: knowledge of infringement, paid access to files and the limits of intermediary protection. A reading of Supreme Court case II CSKP 3/22 and a method for organising evidence.
Google v. Oracle: when using an API can qualify as fair use
Android, the Java interface and the boundaries of software protection: what the US Supreme Court decided and which questions it deliberately left open.
LEGO: when a product shape cannot become a trade mark
A red brick, the technical role of its studs and the boundaries of brand protection. Case C-48/09 P shows how the choice of IP right changes the analysis.
Myriad: the boundary between discovering a gene and a biotechnological invention
BRCA genes, isolated DNA and cDNA: why the scientific importance of a discovery cannot replace an assessment of patent claims.
Oława Cable Television: how much does using a work without a licence cost?
A Polish dispute and a European ruling. Case C-367/15 distinguishes loss, a hypothetical licence fee and lump-sum compensation, and shows why the Court’s reasoning and the Advocate General’s Opinion need to be compared.
EPO G 2/21: when later research may establish a technical effect
Insecticide synergy and evidence submitted after filing: scientific documentation of an invention in a dispute over inventive step.
Harman and JBL: genuine goods, trademark exhaustion and the scope of an injunction
The Polish reference in C-175/21 shows why product authenticity, the place of first marketing and an effective defence during enforcement are three separate questions.
DOCERAM: is an alternative shape enough for design protection?
Ceramic centring pins, technical function and the history of design decisions. C-395/16 explains why counting alternative forms does not settle the question of protection.
SAS Institute: functional compatibility and copying protected expression
Functions, programming language, file format and the user manual. The European case C-406/10 helps separate layers of a software project and document independent implementation.
COMVIK: examining an invention that combines technology and a business rule
Two SIM identities and allocating call costs. T 641/00 explains the role of technical features in inventive step and remains a fundamental reference for software projects.
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