IPPT20100603, CJEU, Sporting Exchange v Sporttotalisator

IPPT20100603, CJEU, Sporting Exchange v Sporttotalisator

Prohibition on legitimate foreign operator from offering games of chance via the internet: therefore, the answer to the first question is that Article 49 EC must be interpreted as not precluding legislation of a Member State, such as the legislation at issue in the main proceedings, under which exclusive rights to …

more

IPPT20100603, CJEU, Coty v Simex

IPPT20100603, CJEU, Coty v Simex

Consent – exhaustion – not likely in case of perfume testers with a prohibition on sale: In circumstances such as those of the main proceedings, where ‘perfume testers’ are made available, without transfer of ownership and with a prohibition on sale, to intermediaries who are contractually bound to the trade …

more

IPPT20100603, CJEU, Internetportal v Schlicht

IPPT20100603, CJEU, Internetportal v Schlicht

Bad faith EU-domain name registration: must be interpreted as meaning that bad faith can be established by circumstances other than those listed in Article 21(3)(a) to (e) of that regulation.That, in order to assess whether there is conduct in bad faith within the meaning of Article 21(1)(b) of Regulation No 874/2004, …

more

IPPT20100512, EBA-EPO, Computer Implemented Inventions

IPPT20100512, EBA-EPO, Computer Implemented Inventions
Referral non-admissable: no conflict in case law of Boards of Appeal. The present position of the case law is thus that a claim in the area of computer programs can avoid exclusion under Articles 52(2)(c) and (3) EPC merely by explicitly mentioning the use of a computer or a computer-readable storage medium. If a … more

IPPT20100422, BGH, Dynamische Dokumentengenerierung

IPPT20100422, BGH, Dynamische Dokumentengenerierung
Technical character data processing system. A method consisting of the direct interaction between elements of a data processing system has technical character irrespective of whether it is defined by technical features. Such a method is not excluded from patentability if it solves a concrete technical problem with … more

IPPT19890424, EBA-EPO, Transfer of Opposition - MAN

IPPT19890424, EBA-EPO, Transfer of Opposition - MAN

G 4/88. Transferability of pending opposition proceedings: An opposition pending before the European Patent Office may be transferred or assigned to a third party as part of the opponent's business assets together with the assets in the interests of which the opposition was filed.

 

more

IPPT20100415, CJEU, Heine v Verbracherzentrale

IPPT20100415, CJEU, Heine v Verbracherzentrale

Right of withdrawal: consumer may not be charged with the cost of delivering the goods: Article 6(1) and Article 6(2) of Directive 97/7/EC must be interpreted as precluding national legislation which allows the supplier under a distance contract to charge the costs of delivering the goods to the consumer where the …

more

IPPT20100415, CJEU, VEGAP v ADAGP - Dali

IPPT20100415, CJEU, VEGAP v ADAGP - Dali

Permissible restriction of the transfer on succession of the resale right to the artist's heirs: Article 6(1) of Directive 2001/84 must be interpreted as not precluding a provision of national law which reserves the benefit of the resale right to the artist’s heirs at law alone, to the exclusion of testa-mentary …

more

IPPT20100415, CJEU, Schrader v CBP

IPPT20100415, CJEU, Schrader v CBP

A species is composed of its different varieties: The very nature of a ‘species’ is that it is composed of its different varieties and, for this reason, a detailed description of such a species cannot be detached from the varieties which it comprises. Limited review to determine variety lacking distinctness.

more

IPPT20100303, TBA-EPO, Bayer Schering

IPPT20100303, TBA-EPO, Bayer Schering

Reach-through claim, also directed to future inventions: Patent protection limited to actual disclosed contribution to the art. Insufficient disclosure: In the absence of any selection rule in the application in suit, the skilled person, without the possibility of having recourse to his common general knowledge, must …

more

at Reisen

IPPT2
Use of trade marks as keywords in search engine advertising service: Proprietor is entitled to prohibit in the case where that ad does not enable an average internet user, or enables that user only with difficulty, to ascertain whether the goods or services referred to therein originate from the proprietor of the … more

IPPT20100323, CJEU, Google Adwords

IPPT20100323, CJEU, Google Adwords

Use of trade marks as keywords in search engine advertising service: That the proprietor of a trade mark is entitled to prohibit an advertiser from advertising, on the basis of a keyword identical with that trade mark which that advertiser has. No use of the sign by internet referecing service provider. Internet …

more

IPPT20100318, CJEU, Hotelier

IPPT20100318, CJEU, Hotelier

Communication to the public: The hotelier, by installing televisions in his hotel rooms and by connecting them to the central antenna of the hotel, thereby, and without more, carries out an act of communication to the public within the meaning of Article 3(1) of Directive 2001/29/EC of the European Parliament and of …

more

IPPT20100316, CJEU, Olympique Lyonnais v Olivier Bernard and Newcastle

IPPT20100316, CJEU, Olympique Lyonnais v Olivier Bernard and Newcastle

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 …

more

IPPT20100225, CJEU, Lancome v OHIM - Color Edition

IPPT20100225, CJEU, Lancome v OHIM - Color Edition

‘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 …

more

IPPT20100215, EBA-EPO, Medi-Physics - Method for treatment by surgery

IPPT20100215, EBA-EPO, Medi-Physics - Method for treatment by surgery

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 …

more

IPPT20100219, EBA-EPO, Abbott Respiratory â%93 Dosage regime

IPPT20100219, EBA-EPO, Abbott Respiratory â%93 Dosage regime

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 …

more

IPPT20100209, Court of Appeal, London, Eli Lilly v Human Genome Sciences

IPPT20100209, Court of Appeal, London, Eli Lilly v Human Genome Sciences

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 …

more

IPPT20100121, CJEU, Audi v OHIM

IPPT20100121, CJEU, Audi v OHIM

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 …

more

IPPT20100114, CJEU, Wettbewerbzentrale v Plus

IPPT20100114, CJEU, Wettbewerbzentrale v Plus

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 …

more

Pages