Margin of appreciation overstepped by imposing injunction that is too broad
Publication - Violation of Article 10 ECHR: Austrian courts overstepped their margin of appreciation
moreShape of a bottle capable of holding the attention of the public and indicating commercial origin
Trade Mark Law - The Board of Appeal erred in finding that the three-dimensional mark applied for is devoid of any distinctive character
moreFeatures of inventions have to contribute to the technical character
Patent Law - Invention can only be made up of those features which contribute to technical character: where a feature cannot be considered as contributing to the solution of any technical problem by providing a technical effect it has no significance for the purpose of assessing inventive step.Formulation technical …
moreHaving technical character is an implicit requirement for inventions
Patent Law - Method for doing business as such: If the method is technical or, in other words, has a technical character, it still may be a method for doing business, but not a method for doing business as such.
Apparatus claim: a computer system suitably programmed for use in a particular field, even if that is …
moreCourt of Justice EU about restriction of competition under license agreement
Competition Law - A contractual obligation under which the grantee of a licence for a patented invention is required to pay royalty for an indeterminate period, and thus after the expiry of the patent, does not in itself constitute a restriction of competition within the meaning of Article 85(1) of the EEC Treaty, …
moreComputer programs lack technical character, further technical effect is required
Patent Law - Computer programs as such: lacking technical character. Further technical effect required: It is necessary to look elsewhere for technical character: It could be found in the further effects deriving from the execution (by the hardware) of the instructions given by the computer program. Where said further …
moreA claim to the use of a known compound for a particular purpose should be interpreted as a functional technical feature
Patent Law - New use of a known compound: A claim to the use of a known compound for a particular purpose, which is based on a technical effect which is described in the patent, should be interpreted as including that technical effect as a functional technical feature, and is accordingly not open to objection under …
moreECJ on the compatibility of franchise agreements for the distribution of goods with competition law
The compatibility of franchise agreements for the distribution of goods with competition law (article 85(1) EEC Treaty) depends on the provisions contained in such agreements: provisions which are essential in order to avoid the risk that know-how and assistance might benefit competitors do not constitute restrictions …
moreThe inventor of a "first medical indication" can obtain purposelimited product protection
Patent Law - Second medical indication – novelty – Swiss type claim: the inventor of a "first medical indication" can obtain purposelimited product protection for a known substance or composition, without having to restrict himself to the substance or composition when in a form technically adapted to a specified …
moreCourt of Justice on freedom to provide services in the context of film screening rights
Copyright - The provisions of the Treaty relating to the freedom to provide services do not preclude an assignee of the performing right in a film in a Member State from relying upon his right to prohibit the exhibition of that film in that State, without his authority, by means of cable diffusion in the film so …
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