Distribution of images possibly sufficient to be known in the course of business to the circles specialized in the sector concerned

IPPT20140213, CJEU, Gautzsch v Joseph Duna

Design Law - Litigation -  Distribution of images of a design to traders operating in the involved sector in the Union can be sufficient to be known in the course of business to the circles...

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If used in good faith an earlier used sign which is identical to a mark can be a due cause

IPPT20140206, CJEU, Bulldog v Redbull

Trade Mark Law - Due cause: may also relate tot the subjective interest of a third party using a sign which is identical or similar to the mark with a reputation and is intended is intended to strike a balance between the interest in question,...

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Protection when product bought in China enters territory of a Member State

IPPT20140206, CJEU, Blomqvist v Rolex

Customs Seizure - Council Regulation 1383/2003: affords protection over goods sold through an online sales website in a non-member country from the moment that the goods enter the territory of the Member State, irrespective of whether the goods were subject of an offer for sale or advertising...

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Circumventing technological measures can be legitimate under certain circumstances

IPPT20142301, CJEU, Nintendo v PC Box

Copyright - Videogame: complex matter comprised of computer program and graphic and sound elements. Legal protection against circumventing technological measures: only applies in the light of protecting the rightholder against acts which require his...

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Increased distinctiveness as a result of the use of earlier marks cannot not offset the lack of similarity between the marks at issue

IPPT20140123, CJEU, OHIM v WeserGold

Trade Mark Law - Likelihood of confusion: if it is determined that marks are not similar and the likelihood of confusion is therefore excluded, increased distinctiveness as a result of the use of earlier marks cannot not offset the lack of...

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Actual use of a trade mark is relevant for consideration of invalidity because of a technical result

IPPT20140306, CJEU, Pi-Design v OHIM

Trade Mark Law - When examining whether a sign consists exclusively of the shape of goods which is necessary to obtain a technical result, the competent authority may take into account the actual use made of the trade mark following its...

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Becoming a common name for end users of that product can be sufficient ground for revocation of a trade mark

IPPT20140306, CJEU, Backaldrin v Pfahnl

Trade Mark Law - Common name: Becoming a common name for end users of that product can be sufficient ground for revocation of a trade mark. The fact that the proprietor of a trade mark does not encourage sellers to make more use of a trade mark...

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Re-utilisation of whole or substantial part of database by dedicated meta engine

IPPT20131219, CJEU, Innoweb v Wegener

Database Rights - Re-utilisation of whole or substantial part of database by dedicated meta engine: when the end user is given the opportunity to use a form that indirectly uses data from a database protected under article 7.

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IPPT20131114, CJEU, Astrazeneca v Patent Office

IPPT20131114, CJEU, Astrazeneca v Patent Office

Patent Law - Placement of product on the market: administrative authorisation issued for a medicinal product by the Swiss authorities, which is automatically recognized in Liechtenstein, must be regarded as first authorisation to place that product...

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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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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...

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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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IPPT20131212, CJEU, Eli Lilly v HGS

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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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...

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IPPT20131114, CJEU, GSK v Patent Office

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...

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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...

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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...

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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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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...

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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...

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