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Violation of Article 10 ECHR: Austrian courts overstepped their margin of appreciation. The injunction is too broad and impairs the essence of price comparison. Furthermore, the practical implementation of the injunction is highly difficult.
IPPT20031211, ECJ, Hässle v Ratiopharm
Supplementary Protection Certificate: so far as concerns medicinal products for human use, the concept of ‘first authorisation to place ... on the market ... in the Community’, in Article 19 (1) of Regulation No 1768/92, refers solely to the first authorisation required under provisions on medicinal products, in accordance with Directive 65/65, granted in any of the Member States, and does not therefore refer to authorisations required under legislation on pricing of or reimbursement for medicinal products. Invalidity of certificate delivered contrary to requirementsof SPC-Regulation: that a certificate which, contrary to the require-ments of Article 19 of Regulation No 1768/92, has been delivered where the first marketing authorisation in the Community was obtained prior to the relevant date fixed by that provision is invalid pursuant to Article 15 thereof.
Article 21 is intended, in the interests of the proper administration of justice within the Community, to prevent parallel proceedings before the courts of different Contracting States and to avoid conflicts between decisions which might result therefrom.
The Board of Appeal erred in finding that the three-dimensional mark applied for is devoid of any distinctive character
IPPT20031127, ECJ, Shield Mark – soundmark
Graphical representation soundmark: Article 2 of the Directive must be interpreted as meaning that a trade mark may consist of a sign which is not in itself capable of being perceived visually, provided that it can be represented graphically, particularly by means of images, lines or characters, and that its representation is clear, precise, selfcontained, easily accessible, intelligible, durable and objective;
Bilateral convention between a Member State and a non-member country protecting indications of geographical origin from that non-member country.
Processing of personal data: Loading personal data onto an internet page is not transfer of data to a third country.
National legislation which prohibits on pain of criminal penalties the pursuit of the activities of collecting, taking, booking and forwarding offers of bets constitutes a restriction on the freedom of establishment and the freedom to provide services.
Article 28 EC precludes the implementation of procedures for detention by the customs authorities of goods lawfully manufactured in a Member state and intended to be placed on the market in a non-member country.
IEPT20031023, ECJ, RTL Television
Films made for television and -series
Descriptive signs or indications relating to the characteristics of goods or services in respect of which registration is sought may be freely used by all. A sign must be refused registration if at least one of its possible meanings designates a characteristic of the goods or services concerned.
It is sufficient for the degree of similarity (not being likelihood of confusion) between the mark with a reputation and the sign to have the effect that the relevant section of the public establishes a link be-tween the sign and the mark.
The condition of slicing and packaging in the region of production, whose aim is to preserve the reputation of Parma ham by strengthening control over its particular characteristics and its quality, may be regarded as justified as a measure protecting the PDO which may be used by all the operators concerned and is of decisive importance to them.
Provided that the wide disclosure not merely of the amounts of the annual income but also of the names of the recipients of that income is necessary for and appropriate to the objective of proper management of public funds.
The mere fact that a marketing authorisation of ref-erence was withdrawn at the request of its holder should not entail the automatic withdrawal of the parallel import licence issued for the medicinal product in question, unless there is in fact a risk to the health of humans.
Three conditions to determine whether a colour can be a trade mark:
A colour can be a trademark if it is (i) a sign, (ii) capable of graphic representation and (iii) capable of distinguishing the goods or services of one under-taking from those of other undertakings.
Only obligation to provide information to holder of plant variety right in case of indication of possible infringement
The conditions for such exhaustion must, as a rule, be proved by the third party who relies on it, unless he succeeds in establishing that there is a real risk of partitioning of national markets if he himself bears that burden of proof.
No stricter national provisions on protection against misleading advertising allowed. The advertiser is in principle free to state the brand name of rival products in comparative advertising.
The presumed expectations of an average consumer of the category of goods or services in question, who is reasonably well informed and rea-sonably observant and circumspect. When assessing the distinctiveness of a three-dimensional shape of product trade mark a stricter test must not be applied. A trade mark which consists exclusively of a sign or indication which may serve to designate the characteristics of goods or a service must be freely available to all and not be registrable.
A sign is identical with the trade mark where it reproduces, without any modification or addition, all the elements constituting the trade mark or where, viewed as a whole, it contains differences so insignificant that they may go unnoticed by an average consumer. Essential function of a trade mark is to guarantee the identity of origin.
Genuine use: not merely token use - use to guarantee the identity of the origin - use which is to create or preserve an outlet for the goods or services that bear the sign - use by the trade mark proprietor or a third party with authority to use the mark - use need not always be quantitatively significant.
The concept of equitable remuneration must be interpreted uniformly in all the Member States; it is for each Member State to determine, in its own territory, the most appropriate criteria. A proper balance has to be achieved between the interests of performing artists and producers in obtaining remuneration for the broadcast of a particular phonogram, and the interests of third parties in being able to broadcast the phonogram on terms that are reasonable.
IPPT20030115, USSC, Eldred v Ashcroft
Copyright Term Extension Act (“CTEA”) The CTEA’s extension of existing copyrights does not exceed Congress' power under the Copyright Clause. Guided by text, history, and precedent, this Court cannot agree with petitioners that extending the duration of existing copyrights is categorically beyond Congress' Copyright Clause authority. In placing existing and future copyrights in parity in the CTEA, Congress acted within its authority
Marks with a reputation are not to have less pro-tection where a sign is used for identical or similar goods or services than where a sign is used for non-similar goods or services. The application of Article 5(1)(b) depends on there being a likelihood of confusion.