Items
16-03-2010
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Rules requiring a 'joueur espoir' are a restriction on freedom of movement for workers: Rules according to which a ‘joueur espoir’, at the end of his training period, is required, under pain of being sued for damages, to sign a professional contract with the club which trained him are likely to discourage that player from exercising his right of free movement.
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25-02-2010
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‘Color Edition’ is normal construction of words: The association of the terms ‘color’ and ‘edition’ was not unusual but a normal construction in light of the lexical rules of the English language and the mark did not therefore create an impression sufficiently far removed from that produced by the simple juxtaposition of the verbal elements of which it was composed to alter its meaning or scope.
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23-02-2010
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Excluded from patentability: method for treatment by surgery: A claimed imaging method, in which, when carried out, maintaining the life and health of the subject is important and which comprises or encompasses an invasive step representing a substantial physical intervention on the body which requires professional medical expertise to be carried out and which entails a substantial health risk even when carried out with the required professional care and expertise, is excluded from patentability as a method for treatment of the human or animal body by surgery pursuant to Article 53(c) EPC. A claim comprising a step encompassing an embodiment of excluded method has to be amended. The exclusion from patentability under Article 53(c) EPC can be avoided by disclaiming the embodiment. No treatment by surgery merely because data obtained by method allow a decision on course of action for surgical intervention.
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22-02-2010
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Second medical indication need not be treatment of another disease. Dosage regimes: The claimed definition of the dosage regime must not only be verbally different from what was described in the state of the art but also reflect a different technical teaching. Swiss type claims no longer necessary. Freedom of medical practitioners to prescribe generics may be restricted: If deemed necessary, the freedom of medical practitioners may be protected by other means on the national level
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09-02-2010
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Members of TNF-ligand superfamily not “capable of industrial application”: No plausible (at least in the sense of reasonably credible) use for any member of the superfamily. Authority of decisions of the Technical Boards of Appeal: We follow any principle of law clearly laid down by them, only reserving the right to differ if we are sure that the commodore is steering the fleet on to the rocks.
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21-01-2010
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Advertising slogan can be a mark: Distinctive character advertising message: In particular, where those marks are not merely an ordinary advertising message, but possess a certain originality or resonance, requiring at least some interpretation by the relevant public, or setting off a cognitive process in the minds of that public.
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14-01-2010
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Application of the Directive regarding unfair commercial practices: Scope ratione materiae which extends to any commercial practice directly connected with the promotion, sale or supply of a product to consumers. Prohibition in principle of commercial practices which make the participation in a lottery conditional on the purchase of goods runs counter to the content of Article 4 of Directive 2005/29.
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15-10-2009
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Implied consent and placing of goods on the market by a third party: The consent to the marketing of goods bearing the mark carried out directly in the EEA by a third party who has no economic link to the pro-prietor may be implied, in so far as such consent is to be inferred from facts and circumstances prior to, simultaneous with or subsequent to the placing of the goods on the market which, in the view of the national court, unequivocally demonstrate that the proprietor has renounced his exclusive rights.
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06-10-2009
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Trade mark with a reputation
The territory of the Member State in question may be considered to constitute a substantial part of the territory of the Community.
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08-09-2009
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Prohibition of legitimate foreign operators from offering games of chance via the internet: that Article 49 EC does not preclude legislation of a Member State, such as that at issue in the main proceedings, which prohibits operators such as Bwin, which are established in other Member States, in which they lawfully provide similar services, from offering games of chance via the internet within the territory of that Member State.
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08-09-2009
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Regulation No 510/2006 is exhaustive in nature with the result that that regulation precludes the application of a system of protection laid down by an agreement between two Member States, which confers on a designation, recognised under the law of a Member State as constituting a designation of origin, protection in an-other Member State where that protection is actually claimed despite the fact that no application for registration of that designation of origin has been made in accordance with that regulation.
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03-09-2009
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Dominant figurative element: The Court of First Instance thus attributed to the figurative element of the marks at issue the character of a dominant element in relation to the other elements comprising those marks, in particular the word element. That enabled it correctly to base its assessment on the similarity of the signs and on the existence of a likelihood of confusion between the marks La Española and Carbonell by giving the visual comparison of those signs an essential character.
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03-09-2009
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Grant of an SPC is possible to the holder of a basic patent for a product for which one or more SPCs have already been granted to one or more holders of one or more other basic patents.
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01-08-2009
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No adverse affect Geographical Indications Regulation 1347/2001 on pre-existing Bavaria trademarks. Geographical Indications Regulation 1347/2001 valid.
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16-07-2009
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Protection of State emblems is not subject to there being a connection, in the mind of the public, between the trade mark for which registration is sought and the emblem. Trade marks for goods and service marks: Registration of a trade mark must be refused, whether the application concerns goods or services, where one of the grounds for refusal listed in Article 6ter of the Paris Convention applies to it.
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16-07-2009
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The act of printing out an extract of 11 words, during a data capture process does not fulfil the condition of being transient in nature and, therefore, that process cannot be carried out without the consent of the relevant rightholders. An extract of a protected work comprising 11 words, is such as to come within the concept of reproduction in part if the elements thus reproduced are the expression of the intellectual creation of their author.
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02-07-2009
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Proprietor of the right to an unregistered design: The right to the Community design vests in the designer, unless it has been assigned by way of contract to his successor in title. Principal is not the proprietor of the right to the Community design.
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02-07-2009
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For purposes of customs action, an internationally registered trade mark and a Community trade mark have the same effects.
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18-06-2009
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Comparison lists: Unfair advantage where the third party seeks to ride on the coat-tails of the mark with a reputation in order to benefit from the power of attraction, the reputation and the prestige of that mark and to exploit, without paying any financial compensation, the marketing effort expended by the proprietor of the mark. The proprietor of a trade mark is entitled to prevent the use by a third party, in an unlawful comparative advertisement even where such use is not capable of jeopardising the essential function of the mark.
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11-06-2009
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Registration in bad faith: Take into consideration all the relevant factors specific to the particular case which pertained at the time of filing the application: (i) the fact that the applicant knows or must know that a third party is using an identical or similar sign (ii) the applicants intention to prevent that third party from continuing to use the sign, and (iii) the degree of legal protection enjoyed by that third party's sign and by the sign for which registration is sought.
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