An active ingredient does not have to be identified in the patent claims by a structural formula in order to be regarded as ‘protected by a basic patent in force’
Patent Law - SPC possible on condition that active ingredient is covered by a functional formula that is identified in the claims of the patent.
moreA patent which protects several different products can obtain several SPC’s
Patent Law - A patent which protects several different products can obtain several SPC’s
moreArticle 42(2) and (3) refer to all international marks that have effect in a Member State
Trade Mark Law - Term ‘earlier national trade mark: refers to all marks that have effect in a Member State, irrespective of the national or international registration.
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No new SPC possible for active ingredient combined with another active ingredient which is not protected by the patent
Patent Law - SPC: no new SPC possible in case the holder of a patent each time he places a medicinal product on the market containing a (1) principle active ingredient, protected by the basic patent and (2) another active ingredient which is not protected by the patent.
moreRisk of dilution reputed trade mark requires evidence of a change in economic behaviour
Trade Mark Law - Risk of dilution reputed trade mark requires evidence of a change in economic behaviour: proof that the use of the later mark is, or would be, detrimental to the distinctive character of the earlier mark requires evidence of a change in the economic behaviour of the average consumer of the goods or …
moreAn adjuvant is not an ‘active ingredient’ within the meaning of Article 1(b) of Regulation No 469/2009
Patent Law - Adjuvants: adjuvant does not fall within the definition of ‘active ingredient’ within the meaning of the provision, and adjuvant which has no therapeutic effect on its own does not fall within the definition of ‘combination of active ingredients’
moreCJEU defines 'misleading' and 'transactional decision' in Directive 2005/29
Unfair Commercial Practices - A commercial practice is misleading where that practice contains false information, or is likely to deceive the average consumer, and is likely to cause the consumer to take a transactional decision that he would not take otherwise. A transactional decision is any decision directly …
moreNo application for SPC before the date on which the plant protection product has obtained the MA
Patent Law - SPC: Article 3(1)(b) of Regulation No 1610/96 must be interpreted as precluding the issue of a supplementary protection certificate for a plant protection product in respect of which an emergency MA has been issued under Article 8(4) of Directive 91/414.
moreGeneral reasoning ground CJEU with regard to each group of goods which it had established within that class
Trade Mark Law - General reasoning ground: general reasoning ground for refusal mark insufficient in respect of non-homogeneous groups of goods or services within the same class.
moreJurisdiction for court where damage as a result of copyright infringement has taken place
Copyright - Private International Law - Jurisdiction: court of the location where the damage as a result of copyright infringement has taken place only has jurisdiction to determine the damage caused in the state which it is situated.
morePublic body "trader" within the meaning of the Unfair Commercial Practices Directive
Unfair Commercial Practices - Terms of provision: terms of a provision of EU law which makes no express reference to the law of the Member States must be given an autonomous and uniform interpretation throughout the European Union, taking into account the context of the provision and the purpose of the legislation in …
moreEvidence submitted by OHIM after expiry of period entails the rejection of the opposition
Trade Mark Law - Litigation - Evidence submitted after expiry of period specified: the submission of evidence after the expiry of the period specified for that purpose by OHIM, in order to establish the existence, validity and scope of protection of the earlier mark, entails the rejection of the opposition, and the …
moreGeneral Court may not judge evidence which have not been examined by the Board of Appeal
Trade Mark Law - Litigation - the General Court may not judge evidence which have not been examined by the Board of Appeal
moreExclusive right trade mark holder upon lapse of consent to shared use with third party
Trade Mark Law - Exclusive rights: - the national court may not limit exclusive right in a manner which exceeds limitations arising from Articles 5 to 7. - upon lapse of trade mark proprietor’s consent to shared use with a third party, proprietor should be able to assert the exclusive right conferred upon it by …
moreNo need for professional diligence check in cases of misleading practice
Unfair Commercial Practices - if a practice can be categorized as a misleading practice, it is not necessary to determine whether this practice is also contrary to the requirements of professional diligence.
moreOlder use of color relevant for the assessment of the likelihood of confusion or unfair advantage
Trade Mark Law - Genuine use of registered trade mark: used only in conjunction with a word mark which is superimposed over it is possible, to the extent that the differences between used and registered do not change the distinctive character. Association of the public: fact that significant portion of public …
moreShorter hourly television advertising limits for pay-TV broadcasters permitted
Media Law - Advertising limits: shorter hourly television advertising limits for pay-TV broadcasters permitted with due consideration of principle of proportionality.
moreAbout submission of additional prove of normal use of a mark
Trade Mark Law - Litigation - Submission of additional proof of use of mark permissible through use of discretion conferred upon OHIM: OHIM is in no way prohibited from taking account of evidence submitted out of time through use of the discretion conferred on it.
moreArticle 27 of the TRIPs Agreement concerns patentability, not the protection conferred
Patent Law - Article 27 of the TRIPs Agreement falls within the field of the common commercial policy. Article 27 of the TRIPs Agreement concerns patentability, not the protection conferred
Pharmaceutical process patent does not, by reason of rules set out in Articles 27 and 70 TRIPs, have to be regarded from the …
moreGeneral prohibition on combined offers where at least one of the components of those offers is a financial service
Unfair Commercial Practices - General prohibition of combined offers involving financial services to consumers permitted under directive and freedom to provide services
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