IPPT20111124, CJEU, Medeva v Patent Office
No SPC possible for active ingredients which are not specified in the wording of the claims of the basic patent. SPC possible for a combination of two active ingredients, where the medicinal product contains also other active ingredients
moreIPPT20111124, CJEU, Georgetown University v Patent Office
SPC possible for an active ingredient, where the medicinal product for which the MA is submitted contains also other active ingredients.
moreIPPT20111020, CJEU, Freixenet v OHIM
Incorrect automatic exclusion of marks consisting of the appearance of the packaging of the product itself that do not contain an inscription or a word element
moreIPPT20111020, CJEU, Greenstar v Kanzi
No exhaustion of plant variety rights in case of breach of license conditions or restrictions which relate directly to the essential features of the plant variety right concerned. Awareness or deemed to be aware of the conditions of the license of no significance restrictions
moreCase-law on three-dimensional marks consisting of the appearance of the goods themselves is applicable on a figurative mark representing the headstock of a guitar
Trade mark law - Case-law on three-dimensional marks consisting of the appearance of the goods themselves is applicable on a figurative mark representing the headstock of a guitar: the Court has found that it may be more difficult to prove the distinctive character of a three-dimensional mark consisting of the …
moreIEPT20111020, ECJ, PepsiCo & Grupo v OHIM
Informed user: from a five year old to a marketing Director. When possible a direct comparison, but can be impracticable and may be indirect. Overall impression: account can be taken of goods as actually marketed
moreIPPT20111018, CJEU, Realchemie v Bayer
Concept of ‘civil and commercial matters’ includes payment of fine to ensure compliance with judgment. Costs of exequatur procedure are legal costs within meaning of IP Enforcement Directive.
moreIPPT20111013, CJEU, Airfield & Canal Digitaal v Sabam
Indirect and direct transmission of TV programs: a single, indivisible communication to the public, which may require authorisation. Authorisation for satellite package provider required – new public
moreIPPT20111018, CJEU, Brustle v Greenpeace
Human embryo within the meaning of Article 6 (2) (c) biotechnology directive. Article 6 (2) (c) biotechnology patent directive excludes from patentability use of human embryos for scientific research. Article 6 (2) (c) Biotechnology Directive: no patentability if technical teaching requires (i) prior destruction of …
moreIPPT20110922, CJEU, Interflora v Marks & Spencer
Use of trade mark in keyword advertising may adversely affect the indication of origin function and investment function but not the advertising function. Protection of trade mark with a reputation against key word advertising in case of freeriding or tarnishment: advertising based on keyword. Essential function of …
moreIPPT20111004, CJEU, Premier League
“illicit device” does not cover foreign decoding devices which have been falsely obtained. Prevention of use of falsely obtained foreign decoding devices permitted under directive. Ban on import or use of foreign decoding devices not permitted also in case of falsely obtained devices for commercial purposes. Acts …
moreIPPT20110922, CJEU, Budvar v Anheuser-Busch
Acquiescence: required that proprietor was in a position to oppose use; registration or earlier mark not required, but registration in good faith of later mark and knowledge thereof are requirements. Cancellation of later trade mark not possible in case of long period of honest concurrent use in circumstances that …
moreIPPT20110922, CJEU, Bell & Ross v OHIM
Inadmissibility of action: failure to submit signed original of the application not capable of being regularised. No excusable error: responsibility rests with the lawyer
moreIPPT20110630, CJEU, VEWA v Belgium
Remuneration for public lending has to take account of the extent of public lending.
moreIPPT20110630, CJEU, Wamo v JBC
Applicability of Unfair Commercial Practices Directive limited to consumer protection. General prohibition of announcements of price reductions during period preceding sales precluded.
moreThe aim of maintaining a prestigious image is not a legitimate aim for banning online sales
A contractual clause in the context of a selective distribution system that bans online sale of cosmetics and personal care products amounts to a restriction of competition within the meaning of provision 101(1) TFEU when it is apparent that, having regard to the properties of the products at issue, that clause is not …
moreIPPT20110728, CJEU, Synthon v Merz
Supplementary Protection Certificate (‘SPC’) only available for medicinal products with a market authorisation under Directive 65/65 having undergone safety and efficacy tests
moreIPPT20110728, CJEU, Generics v Synaptech
Supplementary Protection Certificate (‘SPC’) only available for medicinal products with a market authorisation under Directive 65/65 having undergone safety and efficacy tests
moreIPPT20110728, CJEU, Orifarm v Merck
Trademark Law - free movement of goods: Indication of market authorisation holder responsible for repacking instead of actual repackager allowed
moreIPPT20110714, CJEU, Viking Gas v Kosan Gas
Refilling gas bottles generally not an infringement of trademark rights: that the holder of an exclusive licence for the use of composite gas bottles intended for re-use, the shape of which is protected as a three-dimensional mark and to which the holder has affixed its own name and logo that are registered as word …
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