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’

IPPT20131212, CJEU, Eli Lilly v HGS

Patent Law - SPC possible on condition that active ingredient is covered by a functional formula that is identified in the claims of the patent.

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A patent which protects several different products can obtain several SPC’s

IPPT20131212, CJEU, Georgetown University v NL Octrooicentrum

Patent Law - A patent which protects several different products can obtain several SPC’s

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Article 42(2) and (3) refer to all international marks that have effect in a Member State

IPPT20131212, CJEU, Rivella v BHIM

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

IPPT20131212, CJEU, Actavis v Sanofi

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.

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Risk of dilution reputed trade mark requires evidence of a change in economic behaviour

IPPT20131114, CJEU, Environmental Manufacturing v OHIM

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 …

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An adjuvant is not an ‘active ingredient’ within the meaning of Article 1(b) of Regulation No 469/2009

IPPT20131114, CJEU, GSK v Patent Office

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’

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CJEU defines 'misleading' and 'transactional decision' in Directive 2005/29

IPPT20131219, CJEU, Trento Sviluppo v AGCM

Unfair Commercial PracticesA 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 …

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No application for SPC before the date on which the plant protection product has obtained the MA

IPPT20131017, CJEU, Sumitomo v Patent und Markenamt

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.

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General reasoning ground CJEU with regard to each group of goods which it had established within that class

IPPT20131017, CJEU, Isdin v OHIM

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.

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Jurisdiction for court where damage as a result of copyright infringement has taken place

IPPT20131003, CJEU, Pinckney v Mediatech

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.

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Public body "trader" within the meaning of the Unfair Commercial Practices Directive

IPPT20131003, CJEU, BKK v Wettbewerbszentrale

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 …

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Evidence submitted by OHIM after expiry of period entails the rejection of the opposition

IPPT20131003, CJEU, Rintisch v OHIM - Proti Snack

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 …

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General Court may not judge evidence which have not been examined by the Board of Appeal

IPPT20130926, CJEU, Centrotherm v OHIM II

Trade Mark Law - Litigation -  the General Court may not judge evidence which have not been examined by the Board of Appeal

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Exclusive right trade mark holder upon lapse of consent to shared use with third party

IPPT20130919, CJEU, Martin Y Paz v Fabriek Maroquinerie Gauquie

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 …

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No need for professional diligence check in cases of misleading practice

IPPT20130919, CJEU, CHS v Team4 Travel

Unfair Commercial Practicesif 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.

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Older use of color relevant for the assessment of the likelihood of confusion or unfair advantage

IPPT20130718, CJEU, Specsavers v Asda

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 …

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Shorter hourly television advertising limits for pay-TV broadcasters permitted

IPPT20130718, CJEU, Sky Italia v AGCOM

Media Law - Advertising limits: shorter hourly television advertising limits for pay-TV broadcasters permitted with due consideration of principle of proportionality.

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About submission of additional prove of normal use of a mark

IPPT20130718, CJEU, New-Yorker v OHIM

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.

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Article 27 of the TRIPs Agreement concerns patentability, not the protection conferred

IPPT20130718, CJEU, Daiichi Sankyo and Sanofi Aventis v DEMO

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 …

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General prohibition on combined offers where at least one of the components of those offers is a financial service

IPPT20130718, CJEU, Citroen v FvF

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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