Items
IPPT20121115, ECJ, RWZ v STV
03-01-2013![]() |
Establishing and scope of obligation supplier of processing services to provide information on protected varieties. Request for information to supplier or processing services does not need to contain evidence of obligation of farmer to comply. |
IPPT20121025, ECJ, Rintisch v Eder
02-01-2013![]() |
Genuine use trademark by use in a different form without altering the distinctive character, even if different form is registered as (defensive) trademark |
IPPT20121018, ECJ, Purely Creative
02-01-2013![]() |
Unfair commercial practice when giving the false impression that consumer has already won prize, while consumer has to incur (minimal) costs first to claim the prize: |
IPPT20121018, ECJ, Neuman v Baena Grupo
02-01-2013![]() |
Community design not invalid based on older Community trademark: difference in facial expression is a fundamental characteristic that is remembered by informed user |
IPPT20121018, ECJ, Jager & Polacek
02-01-2013![]() |
Communication of OHIM to opposing party that opposition is admissible, is not simply a procedural measure but a decision which may only be revoked or annulled in accordance with Trademark Regulation |
IPPT20121018, ECJ, Football Dataco v Sportradar
02-01-2013![]() |
‘Re-utilisation’ of database in Member State: the sending by one person of data by means of a web server located in Member State A to the computer of another person in Member State B, at that person’s request constitutes an act of ‘re-utilisation’ of data by the sender, when there is evidence from which may be concluded that the act discloses an intention on the part of the person performing the act to target members of the public in Member State B |
IPPT20120906, ECJ, Kreussler v Sunstar
02-01-2013![]() |
Pharmacological action: interaction between substance and cellular constituent within user’s body is sufficient; interaction on molecular level not necessary. Interpretation of ‘pharmacological action’ in Pharma Directive on the basis of guidance document |
IPPT20120619, ECJ, CIPA v Registrar
02-01-2013![]() |
Goods and services classification needs to be sufficiently clear and precise; use of general indications of class headings not precluded, but in principle specification of particular goods and services required.
Permitted test case: actual lodged application for registration of trade mark and objective need seeking national body, inherent in outcome of case pending before it. |
IPPT20111102, UKSC, Human Genome Sciences v Eli Lilly
06-12-2012![]() |
Sufficient disclosure to satisfy requirements of article 57 EPC regarding “a practical application” and “some profitable use”. Supremacy principles laid down by the Board’s jurisprudence. No different assessment of evidence if one concludes that the disclosure satisfies article 57 in line with Board’s jurisprudence. Sufficient disclosure to satisfy article 57 goes hand in hand with sufficiently enabling disclosure. General principles Board’s approach in relation to article 57 in relation to biological materials. |
IPPT20120906, ECJ, Deutsches Weintor v Land Rheinland-Pfalz
18-11-2012![]() |
‘Easily digestible’ accompanied by reference to reduced acidity is a prohibited “health claim” for wine. Prohibition of a correct claim warranted by the requirement to ensure a high level of health protection for consumers |
IPPT20120719, ECJ, Pie Optiek v Bureau Gevers
18-09-2012![]() |
Contractual partner who is solely authorised by proprietor trade mark to register eu-domain name, but not authorised to commercial use, is not a “licensee of prior rights” for purposes of eu-domain name registration |
IPPT20120719, ECJ, Neurim v Comptroller-General of Patents
18-09-2012![]() |
Mere existence of earlier authorisation veterinary medicinal product does not preclude SPC for different application within basic patent. Article 13 SPC Regulation: marketing authorisation (MA) of product which is within basic patent. Irrelevant whether same active ingredient is present in two medicinal products, second MA required full application, or product was within different patent which belonged to other proprietor |
IPPT20120712, ECJ, Solvay v Honeywell
18-09-2012![]() |
Possibility of irreconcilable judgments (article 6 EEX Convention) if companies are each separately accused of infringement of same national part of European patent with same product. Exclusive jurisdiction regarding validity does not preclude special jurisdiction regarding interim measures |
IPPT20120712, ECJ, Hit Larix v Bundesminister
18-09-2012![]() |
Prohibition of advertising games of chance permitted if other Member State does not provide equivalent protection of gamblers |
IPPT20120712, ECJ, Compass-Datenbank v Republik Osterreich
18-09-2012![]() |
No economic activity public authority by acting on statutory obligations; no undertaking (abuse of dominant position) |
IPPT20120705, ECJ, Geistbeck v Saatgut
18-09-2012![]() |
“Reasonable compensation” in case of infringement variety right equivalent to C-licence: fee payable in the same area for production under licence of propagating material of same variety. "Reasonable compensation” does not include costs incurred for monitoring compliance |
IPPT20120621, ECJ, Donner
18-09-2012![]() |
Copyright: Distribution to the public in a Member State: when a trader targets the public in that Member State and enables delivery in that Member State, whether or not via a third party. Articles 34 and 36 TFEU do not preclude (national) criminal prosecution for prohibited distribution to the public, concluded in Member State where works are not or no longer protected by copyright |
IPPT20120524, ECJ, Lindt v OHIM
17-09-2012![]() |
Ruling on proper grounds that sign consisting of shape of a rabbit with red ribbon is devoid of any distinctive character. Registrations already made in Member States may be taken into account, but OHIM under no obligation to follow national assessments in relation to Community trade mark |
IPPT20120524, ECJ, Formula One v OHIM
17-09-2012![]() |
General Court has incorrectly ruled in opposition proceedings that ‘F1’ element in national trademark is generic, descriptive and devoid of any distinctive character. Validity of national trade marks not to be questioned during opposition proceedings Community trade mark. Distinctive character national trade mark is presumed |
IPPT20120510, ECJ, L’Oréal v OHIM
17-09-2012![]() |
Actual and present harm to mark is required, which can be based on prima facie evidence of a future risk, which is not hypothetical. Reputation of the trade mark Botox with respect to each of the categories comprising the relevant public. Reputation examined in relation to the entire territory of the United Kingdom |
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