ECHR did not find breach of Article 10 ECHR concerning inability to find employment under the KGB Act

IPPT20040727, ECHR, Sidabras v Lithuania

Freedom of expression - Inability to find employment because of the KGB Act not a restriction on ability to express views, because searched positions do not involve the imparting of ideas and information does not contitute a breach of Article 10 ECHR


Business scheme lacks technical character

IPPT20040421, TBA-EPO, Hitachi

Patent Law - In general, a method involving technical means is an invention. Subject matter consisting of technical and non-technical features can be an invention. In the Board's view, activities falling within the notion of a non-invention "as such" would typically represent purely abstract concepts devoid of any …


Likelihood of confusion between 'Quantum' and 'Quantième'

IPPT20070315, ECJ, T.I.M.E. v OHIM

Trade Mark Law - Fact that earlier mark is only of weak distinctive character is not of overriding importance


Article 7(1)(c) of EU Trade Mark Regulation pursues an aim which is in the general interest by prohibiting registration of signs or indications which designate characteristics

IPPT20040205, ECJ, Streamserve v OHIM

Trademark law. - Article 7(1)(c) of the EU Trade Mark Regulation pursues an aim in the general interest that signs or indications which may serve to designate the characteristics of the goods or services may be freely used by all


Margin of appreciation overstepped by imposing injunction that is too broad

IPPT20031211, ECHR, Krone Verlag v Austria

Publication - Violation of Article 10 ECHR: Austrian courts overstepped their margin of appreciation


Shape of a bottle capable of holding the attention of the public and indicating commercial origin

IPPT20031203, CFI, Nestlé Waters France v OHIM

Trade Mark Law - The Board of Appeal erred in finding that the three-dimensional mark applied for is devoid of any distinctive character


Features 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 …


Having technical character is an implicit requirement for inventions

IPPT20000908,TBA-EPO, Pension Benefit Systems

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 …


Court of Justice EU about restriction of competition under license agreement

IPPT19890512, ECJ, Ottung

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, …


Computer programs lack technical character, further technical effect is required

IPPT19980701, TBA-EPO, IBM

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 …


A claim to the use of a known compound for a particular purpose should be interpreted as a functional technical feature

IPPT19891211, EBA-EPO, Mobil Oil - Friction reducing additive

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 …


ECJ on the compatibility of franchise agreements for the distribution of goods with competition law

IPPT19860128, ECJ, Pronuptia

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 …


The inventor of a "first medical indication" can obtain purposelimited product protection

IPPT19841205, EBA-EPO, EISAI - Second medical indication

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 …


Court of Justice on freedom to provide services in the context of film screening rights

IPPT19800318, ECJ, Coditel v Cine Vog

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 …