2000 and before ECJ

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2000

 

IPPT20001214, ECJ, Dior v Tuk and Assco v Layher

Jurisdiction: the jurisdiction of the Court of Justice to inter-pret Article 50 of TRIPs is thus not restricted solely to situa-tions covered by trade-mark law.

Direct effect: The provisions of TRIPs, are not such as to create rights upon which individuals may rely directly before the courts by virtue of Community law. Community law neither requires nor forbids that the legal order of a Member State should accord to individuals the right to rely directly on the rule laid down by Article 50(6) of TRIPs.

 

IPPT20001109, ECJ, Ingmar

That Articles 17 and 18 of the Di-rective, which guarantee certain rights to commercial agents after termination of agency contracts, must be applied where the commercial agent carried on his ac-tivity in a Member State although the principal is estab-lished in a non-membercountry and a clause of the contract stipulates that the contract is to be gov-erned by the law of that country.

 

IPPT20000926, ECJ, Commission v French Republic

Customs seizure: Unauthorized detention of goods in transit to  another Member State where they may be lawfully marketed

 

IPPT20001107, ECJ, Warsteiner Brauerei

Regulation No 2081/92 does not preclude the application of national legislation which prohibits the potentially misleading use of a geographical indication of source in the case of which there is no link between the characteristics of the product and its geographical provenance.

 

IPPT20000622, ECJ, Adidas v Marca

Protection of a registered mark depends on there being a likelihood of confusion. The reputation of a mark does not give grounds for presuming the existence of a likelihood of confusion simply because of the existence of a likelihood of association in the strict sense.

 

IPPT20000516, ECJ, Belgium v Spain

Obligation to bottle Rioja-wine in production area constitutes a justified requirement

 

IPPT20000511, ECJ, Renault v Maxicar

The court of the State in which enforcement is sought cannot, without undermining the aim of the Convention, refuse recognition of a decision ema-nating from another Contracting State solely on the ground that it considers that national or Commu-nity law was misapplied in that decision.

 

IPPT20000406, ECJ, Polo-Lauren

The Regulation is expressly designed to ap-ply to goods passing through Community territory from a non-member country destined for another non-member country. The external transit of non-Community goods is based on a legal fiction and had a direct effect on the internal market as there is a risk that counter-feit goods placed under the external transit procedure may be fraudulently brought on to the Community market.

 

IPPT20000113, ECJ, Estée Lauder

Community law does not preclude application of national legislation which prohibits the importation and marketing of a cosmetic product whose name incorporates the term 'lifting‘ in cases where the av-erage consumer, reasonably well informed and reasonably observant and circumspect, is misled by that name, believing it to imply that the product possesses characteristics which it does not have.

 

1999

 

IPPT19991216, ECJ, Rhone-Poulenc Rorer and May & Baker

Parallel imports: If medicinal product X has the same active ingredients and therapeutic effect as medicinal product Y, but does not use the same excipients and is manufactured by a different manufacturing process, where the competent authority in Member State B is in a position to verify that medicinal product X complies with the requirements relating to quality, efficacy and safety in normal conditions of use and is in a position to ensure normal pharmacovigilance, a parallel import licence can be seeked and obtained without complying with all the requirements of the Directive.

 

IPPT19991123, ECJ, Portugal v Council

Direct effect: no direct effect WTO agreements, except where the Community intended to implement a particular obligation.

 

IPPT19991028, ECJ, ARD v PRO Sieben

Gross principle to calculate 45 minute period for advertising interruptions. Member States authorised to prescribe the net principle for advertisements for broadcasting organization within their jurisdiction

 

IPPT19991014, ECJ, Adidas
Custom seizure: Disclosure of identity of declarants or consignees to trademark owner.

 

IPPT19991012, ECJ, Upjohn v Paranova

Replacement of a trade mark: objectively necessary to replace the original trade mark by that of the importing Member State.

 

IPPT19990916, ECJ, Farmitalia

Scope of certificate: where a product in the form referred to in the marketing authorisation is protected by a basic patent in force, the certificate is capable of covering that product, as a medicinal product, in any of the forms enjoying the protection of the basic patent.

 

IPPT19990914, ECJ, Chevy

Known trademark: known by a significant part of the public con-cerned, in a substantial part of that territory.

 

IPPT19990701, ECJ, Sebago

Directive does not leave it open to the Member States to provide in their domestic law for exhaus-tion of the rights conferred by the trade mark in respect of products put on the market in non-member countries.

 

IPPT19990629, ECJ, Butterfly Music v Cemed

Copyright term directive – transitional law: Article 10(3) of Council Directive 93/98/EEC harmonising the term of protection of copyright and certain related rights does not preclude a provision of national law which lays down a limited period in which soundrecording media may be distributed by persons who, by reason of the expiry of the rights relating to those media under the previous legislation, had been able to reproduce and market them before that Law entered into force.

 

IPPT19990622, ECJ, Lloyd v Loint's

Likelihood of confusion: it is possible that mere aural similarity between trade marks may create a likelihood of confusion.

 

IPPT19990504, ECJ, Windsurfing Chiemsee

Geographical designation of origin - Distinctive character by means of trade acceptance: a trade mark acquires distinctive character following the use which has been made of it where the mark has come to identify the product in respect of which regis-tration is applied for as originating from a particular undertaking and thus to distinguish that product from goods of other undertakings.

 

IPPT19990403, ECJ, Gorgonzola

Use of a name such as 'Cambozola‘ may be deemed to evoke the protected des-ignation of origin 'Gorgonzola‘, irrespective of the fact that the packaging indicates the product's true origin.

 

IPPT19990223, ECJ, BMW v Deenik

The purpose of informing: use of the mark for the purpose of informing the public that he carries out the repair and mainte-nance of goods is permitted, unless the mark is used in a way that may create the impression that there is a commercial connection with the trade mark pro-prietor.

 

1998

 

IPPT19981203, ECJ, Generics

A medicinal product is essentially similar to an original medicinal product where it satisfies the cri-teria of having the same qualitative and quantitative composition in terms of active principles, of having the same pharmaceutical form and of being bio-equivalent, unless it is apparent in the light of scientific knowledge that it differs significantly from the original product as regards safety or efficacy.

 

IPPT19981126, ECJ, Bronner

The refusal, by a press undertaking which holds a very large share of the market in a Member State and operates the only nationwide newspaper home-delivery scheme, to allow the publisher of a rival newspaper, to have access to that scheme for appropriate remuneration does not constitute abuse of a dominant position.

 

IPPT19981117, ECJ, Van Uden v Deco-Line

Jurisdiction on the court hearing that application even where proceedings have already been, or may be, commenced on the substance of the case and even where those proceedings are to be conducted before arbitrators.

 

IPPT19981027, ECJ, Réunion Européenne v Spliethoff
Indivisible dispute? that a defendant domiciled in a Contracting State cannot be sued in another Contracting State before a court seised of an action against a co-defendant not domiciled in a Contract-ing State on the ground that the dispute is indivisible rather than merely displaying a connection. Place of discovery of the damage is not the place where the harmful event occurred. Matters relating to tort

 

IPPT19980929, ECJ, Canon v Cannon
Distinctive character older trademark relevant - Confusion likely when public encounters different places of production, but not when public can believe the undertakings are not economically-linked.
 

IPPT19980716, ECJ, Silhouette v Hartlauer 

National rules providing for world-wide exhaustion are contrary to the Directive.

 

IPPT19980716, ECJ, Gut Springenheide

The Court took into account the presumed expectations of an average consumer who is reasonably wellinformed and reasonably observant and circumspect.


IPPT19980616, ECJ, Hermes v FHT

Dutch summary proceedings is a provisional measure as stated article 50(6) TRIPs. 

 

IPPT19980609, ECJ, Chiciak and Fol

European designation of origin can not be changed by national provision or protected on a national level. The provision cannot constitute a sufficient basis for interpreting the 1996 regulation as meaning that, in the absence of a footnote, each constituent part of the compound name is protected.

 

IPPT19980519, ECJ, Drouot Assurances v Consolidated Metallurgical Industries

Article 21 of the Convention is not applicable in the case of two actions between different parties, unless it is established that, with regard to the sub-ject-matter of the two disputes, the interests of the parties are identical to and indissociable from one another.

 

IPPT19980428, ECJ, Metronome Musik

Article 1(1) Council Directive 92/100/EEC on exclusive rental right deemed valid.

 

IPPT19980316, ECJ, Feta I  

The Commission took no account whatsoever of the fact that the name 'Feta' had been used for a considerable time in certain Member States other than the Hellenic Republic, when registering that name.

 

1997

 

IPPT19971111, ECJ, Loendersloot

The owner of trade mark rights may prevent a third party from removing and then reaffixing or replacing labels unless (I) it is established that that would contribute to artificial partitioning of the markets between Member States (II) the relabelling cannot affect the original condition of the product (III) the presentation of the relabelled product is not such as to damage the reputation of the trade mark; and (IV) the relabeller informs the trade mark owner before the relabelled products are put on sale


IPPT19971111, ECJ, Puma v Sabel
Risk of association is no alternative for the wording 'likelihood of confusion', but serves to define its scope - No risk of confusion when the public would only associate both trademarks with one another because of their analogous semantic content.

 

IPPT19971104, ECJ, Dior v Evora
The proprietor of a trademark or holder of a copyright can not oppose a reseller that advertises in a way that is customary for that sector of trade, unless use of the goods seriously damages the reputation of the trademark.

 

IPPT19970612, ECJ, Yamanouchi v Comptroller-General

Conditions for the grant of  supplementary protection certificate: Valid authorization to place the product on the market as a medicinal product required

 

IPPT19970123, ECJ, Biogen

Where a product is protected by a number of basic patents in force, each of those patents may be designated for the purpose of the procedure for the grant of a certificate. 

 

1996

 

IPPT19961205, ECJ, Merck v Beecham

The holder of a patent for a pharmaceutical product cannot oppose importation by a third party of that product from another Member State before the product could be protected by a patent in that State, unless the holder of the patent can prove that he is under a legal obligation to market the product in that Member State.

 

IPPT19960711, ECJ, Bristol Meyers Squibb

Interpretation of the principle of exhaustion in line with earlier case law of the ECJ -repackaging of pharmaceuticals

 

IPPT19960711, ECJ, MPA Pharma v Rhône-Poulenc

Interpretation of the principle of exhaustion in line with earlier case law of the ECJ - repackaging of pharmaceuticals

 

1995

 

IPPT19951215, ECJ, Bosman

Article 48 of the EEC Treaty precludes the application of rules laid down by sporting associations, under which a professional footballer who is a national of one Member State may not, on the expiry of his contract with a club, be employed by a club of
another Member State unless the latter club has paid to the former club a transfer, training or development fee.

 

IPPT19950406, ECJ, Magill

Abuse of a dominant position: RTE and ITP, as the agent of ITV, enjoy, along with the BBC, a de facto monopoly over the information used to compile listings for television programmes. There is no actual or potential substitute, appellants prevent the appearance of a new product without a jusitification for the refusal and appel-lants reserved to themselves tehe secondary market of weekly television guides by excluding all competition on that market.  

 

IPPT19950307, ECJ, Shevill v Presse Alliance

Place where the harmful event occurred must be understood as being intended to cover both the place where the damage occurred and the place of the event giving rise to it. In the case of a libel by a newspaper article the place of the event giving rise to the damage, is the place where the publisher of the newspaper in question is established.

 

1994

 

IPPT19941206, ECJ, Tatry

It is sufficient, in order to establish the necessary relationship between different actions, that separate trial and judgment would involve the risk of conflicting decisions, without necessarily involving the risk of giving rise to mutually exclusive legal conse-quences.

 

IPPT19940622, ECJ, Ideal Standard

Free movement of goods precludes the use of trade-mark rights in order to prevent the free movement of a product bearing a trade mark whose use is under unitary control.

 

IPPT19940202, ECJ, Clinique

Articles 30 and 36 of the Treaty and Article 6(2) of the Directive on cosmetic products must be interpreted as precluding a national measure which prohibits the importation and marketing of a product classified and presented as a cosmetic on the ground that the product bears the name "Clinique".

 

1993

 

IPPT19931020, ECJ, Phil Collins

The principle of non-discrimination precludes a Member State from making the grant of an exclusive right subject to the requirement that the person concerned be a national of that State.

 

IPPT19930518, ECJ, Yves Rocher
Price comparison: Prohibiting eye catching advertising of new price for imported goods, referring to a higher price in a previous catalogue,  precluded by free movement of goods

1992

 

IPPT19921110, ECJ, Exportur v LOR

Articles 30 and 36 of the Treaty do not preclude the application of rules laid down by a bilateral convention between Member States on the protection of indications of provenance and designations of origin, provided that the protected names have not, either at the time of the entry into force of that Convention or subsequently, become generic in the country of origin.

 

IPPT19921027, ECJ, Generics
Compulsory License: Free movement of goods precludes regime for compulsory licenses refusing the licensee the au-thorization to import the patented product from non-member countries where the proprietor of the patent manufactures the product within the national territory, and in order to grant such authorization where the proprietor of the patent works his patent by importing the product from other Member States of the Community.

 

IPPT19920116, ECJ, New Nissan
Advertising parallel imported cars as 'new' is not misleading

 

1991

 

IPPT19910627, ECJ, Overseas Union
International jurisdiction: Second seised court to stay proceedings

 

IPPT19910416, ECJ, Upjohn v Farzoo
Definition medicinal product: a product which is not "for treating or prevent-ing disease in human beings or animals" is a medicinal product if it may be administered "with a view to [...] restoring, correcting or modifying physiological functions", and it is for the national courts to determine on a case-by-case basis the classification of each product having regard to its pharmacological properties as they may be ascer-tained in the current state of scientific knowledge, to the way in which it is used, to the extent to which it is sold and to consumers' familiarity with it. Medicinal product cannot also be a cosmetic product. Rules for medicinal products prevail

 

IPPT19910321, ECJ, Delattre

Definition medicinal product not exclusive: the fact that a product is classified as a foodstuff in another Member State cannot prevent its being classified as a medicinal product in the Member State concerned when it displays the characteristics of such a product. Hunger, heaviness in the legs, tiredness or itch-ing is are ambiguous symptoms and a reference to such states or sensations in the presentation of a product is therefore not decisive.

 

1990

  

IPPT19901017, ECJ, Hag II

Exhaustion of trademark rights free movement of goods: the proprietor of a trade mark in a Member State may oppose the importation of similar goods law-fully bearing an identical trade mark even if the mark under which the goods in dispute are imported originally belonged to a subsidiary that was acquired by a third undertaking following the expropriation of that subsidiary

 

IPPT19900307, ECJ, GB-INNO-BM
Prohibited application of Luxembourg advertising law  on legitimate Belgian advertisement

 

IPPT19900111, ECJ, Dumez France
International jurisdiction: The place where the damage occurred: can be understood only as indicating the place where the event giving rise to the damage, and entailing tortious, delictual or quasi-delictual liability, directly produced its harmful effects upon the person who is the immediate victim of that event.

 

1989

 

IPPT19891123, ECJ, Parfumeriefabrik 4711

Article 6(2) of the directive precludes national rules from requiring an indication of the quality and quantity of the substances whose presence is indicated on the packaging, in advertisements, or in the names of cosmetic products covered by the directive.

 

IPPT19890124, ECJ, EMI Electrola v Patricia
Difference in protection period under national law: Articles 30 and 36 of the EEC Treaty do not preclude the application of a Member State' s legislation which allows a producer of sound recordings in that Member State to rely on the exclusive rights to reproduce and distribute certain musical works of which he is the owner in order to prohibit the sale, in the territory of that Member State, of sound recordings of the same musical works when those recordings are imported from another Member State in which they were lawfully marketed without the consent of the aforesaid owner or his licensee and in which the producer of those recordings had enjoyed protection which has in the mean time expired

 

1988

 

IPPT19881005, ECJ, Maxicar v Renault
Exercise design law not precluded by free move-ment of goods. Abuse of a dominant position: the mere fact of obtaining protective rights in re-spect of ornamental designs for car bodywork com-ponents does not constitute an abuse of a dominant position within the meaning of Article 86 of the Treaty.

 

IPPT19881005, ECJ, Volvo v Veng
Refusal to license not in itself abuse of a dominant position. an obligation imposed upon the proprietor of a protected design to grant to third parties, even in return for a reasonable royalty, a licence for the supply of products incorporating the design would lead to the proprietor thereof being deprived of the substance of his exclusive right

 

IPPT19880927, ECJ, Kalfelis v Schroeder
International jurisdiction : Jurisdiction of Article 6(1) Brussels Convention is exception to the principle that jurisdiction is vested in the courts of the State of the defendant's domicile. Therefore a connection between the claims made against each of the defendants required. Connection between claims is present if there is a risk of incompatible judgments which are incompatible with each other. Atonomous concept of  "matters relating to tort, delict or quasi-delict" of article 5(3) Brussels Convention

 

IPPT19880517, ECJ, Warner Brothers
Copyright and free movement of goods: No exhaustion: National right to make the hiring-out of video-cassettes subject to permission, not exhasuted when the video-cassettes have - with the consent of copyright holder - been put into circulation in another Member State whose legislation enables the author to control the initial sale, without giving him the right to prohibit hiring-out

 

IPPT19880204, ECJ, Hoffman
Irreconcilable judgments: Irreconcilable within the meaning of article 27(3) of the Brussels Convention are judgmentsthat have legal consequences which are mutually exclusive

 

1986 

 

 

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 on competition, the same goes for provisions necessary for maintaining the identity and reputation of the business name or symbol, provisions which share markets or prevent price competition do restrict competition.

 

1985

 

IPPT19850709, ECJ, Pharmon

Free movement of goods and exhaustion: patent proprietor has the right to prevent the marketing of a product which has been manufactured in another member state by the holder of a compulsory licence

 

1983

 

IPPT19831130, ECJ, Van Bennekom

Definition of medicial product: product presented as having or being endowed with with properties 'for treating or preventing disease in human beings or animals. Classification of vitamins as medicinal product must be carried out case by case

 

IPPT19831115, ECJ, Duijnstee v Goderbauer

Court has to declare on its own motion that is has no jurisdiction in case of exclusive jurisdiction under article 16 of the Brussels Convention. The term "proceedings concerned with the regis-tration or validity of patents" contained in article 16 (4) must be regarded as an independent concept intended to have uniform application in all the contracting states. It does not include proceedings relating to rights of ownership of a patent

 

IPPT19830317, ECJ, Berliner Kindl Weisse Bier
The extension to imported beer of national rules prohibiting the marketing of beer which does not comply with the conditions on acidity is an injustifie obstacle to the free movement of goods between member states

 

1982

 

IPPT19820914, ECJ, Keurkoop v Nancy Kean
The proprietor of a national design right may oppose the importation of products from another member state which are identical in appearance to the design which has been filed, provided that (i) the products in question have not been put into circulation in the other member state by, or with the consent of, (ii) the proprietor of the right or a person legally or economically dependent on him, that as between the natural or legal persons in question there is no kind of agreement or concerted practice in restraint of competition and finally (iii) that the respective rights of the proprietors of the right to the design in the various member states were created independently of one another. 

 

IPPT19820608, ECJ, Maize Seed
Plant variety rights: open, exclusive license  is not incompatible with prohibition on cartels, but absolute territorial protection of licensee is.

 

IPPT19820302, ECJ, IDG v Beele
Free movement of goods and passing off: Injunction against product which for no compelling reason is almost identical and thereby needlessly causes confusion not prevented by rules on the free movement of goods as long as provision protects consumers and stimulates fair trade.

 

IPPT19820209, ECJ, Polydor v Harlequin

The enforcement of copyrights against the importation and marketing of gramophone records in the United Kingdom lawfully manufactured and placed on the market in the Portuguese Republic by licensees does not constitute a restriction on trade: does not constitute a means of arbitrary discrimination or a disguised restriction on trade between the Community and Portugal.

 

1981 

 

IPPT19811203, ECJ, Pfizer v Eurium Pharm

Trade mark lawfully affixed to a product in a member state - repackaging by a third party and importation into another member state.

 

IPPT19810714, ECJ, Merck v Stephar
Free movement of goods : proprietor of a patent for a medicinal preparation who sells the preparation in a member state where no patent protection exists, cannot prevent the marketing in the import into a member state, where patent protection exists

 

IPPT19810122, ECJ, Dansk Supermarked v Imerco
Judicial authorities may not prohibit, on the basis of a copyright or of a trade mark, the marketing of a product if that product has been lawfully marketed on the territory of another member state by the proprietor of such rights or with his consent. Mere import cannot be classiefied as unfair commercial practice, either  by law or by agreement

 

IPPT19810120, ECJ, Membran & K-Tel v GEMA

Exhaustion: Neither the copyright owner or his licensee, nor a copyright management society acting in the owner's or licensee's name, may rely on the exclusive exploitation right conferred by copyright to prevent or restrict the importation of sound recordings which have been lawfully marketed in another member state by the owner himself or with his consent.

 

1980

 

IPPT19800911, ECJ, L'Oreal v AMCK

A selective distribution system based on criteria for admission, which go beyond a mere objective selection of a qualitative nature, is probably incompatible with article 85 (1). A decision to grant exemption gives rise to rights in the sense that parties to an agreement which has been the subject of such a decision may rely on that decision against third parties who claim that the agreement is void on the basis of article 85 (2).

 

IPPT19800521, ECJ, Denilauler

Article 24 Brussels Convention: National courts are best able to assess the cir-cumstances which may lead to the grant or refusal of the measures sought or to the laying down of procedures and conditions which the plaintiff must observe in order to guarantee the provisional and protective character of the measures ordered.

 

IPPT19800318, ECJ, Coditel v Cine Vog

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 exhibited is picked up and transmitted after being broadcast in another Member State by a third party with the consent of the original owner of the right

 

1979

 

IPPT19790220, ECJ, Cassis de Dijon
Measures having equivalent effect to quantitative restrictions on imports also include legislation fixing a minimum alcohol content for alcoholic beverages, that have been lawfully produced and marketed in anonther member state

 

1978

 

IPPT19781010, ECJ, Centrafarm v American Home Products

The proprietor of a trade-mark is justified in preventing a product from being marketed by a third party even if previously that product has been lawfully marketed in another member state under another mark held in the latter state by the same proprietor.

 

IPPT19780523, ECJ, Hoffman-La Roche v Centrafarm

Trade-mark proprietor can prevent repackaging, unless (i) that contributes to the artificial partitioning of the markets between member states, (ii) the repackaging cannot adversely affect the original condition of the product, (iii) the proprietor receives prior notice, and (iv) it is stated on the new packaging by whom the product has been repackaged.

1976

 

IPPT19761130, ECJ, Bier v Mines de Potasse

International jurisdiction: Place where harmful event occurred in article 5 (3) must be established in such a way as to acknowledge that the plaintiff has an option to commence proceedings either at the place where the damage occurred or the place of the event giving rise to it

 

IPPT19766022, ECJ, Terrapin v Terranova
Free movement of goods: Import of products of an undertaking in another member state can be prohibited by virtue of a right to a trademark and a right to a commercial name, provided that there are no agreements restricting competition and no legal or economic ties between the undertakings exist. 

 

IPPT19760615, ECJ, EMI v CBS
Trademark owner can exercise trademark rights against products bearing the same mark, which is owned in a third country, provided that the exercise is not the result of an agreement or concerted practice to isolate or partition the common market.

 

IPPT19765020, ECJ, De Peijper
Free movement of medicinal products: rules of practices which result in imports being channelled in such a way that only certain traders can effect these imports  constitute a maesure having equivalent effect to a quantative restriction  

 

1974

 

IPPT19741031, ECJ, Centrafarm v Sterling Drug
Exercising patent rights to prohibit sale of a product marketed in another member state with the panteee's consent  is incompatible with the free movement of goods.

 

IPPT19741031, ECJ, Centrafarm v Winthrop
Exercising trademark rights to prohibit sale of a product marketed in another member state with the trademark owner's consent  is incompatible with the free movement of goods. 

 

IPPT19740711, ECJ, Dassonville
All trading rules enacted by member states which are capable of hindering, directly or indirectly, ac-tually or potentially, intra-community trade are to be considered as measures having an effect equiva-lent to quantitative restrictions.

 

1971

 

IPPT19711125, ECJ, Beguellin
Exclusive dealing agreement and parallel import. Mere parallel imports not sufficient to qualify for unfair competition

 

IPPT19710608, ECJ, Deutsche Grammophon Gesellschaft v Metro
The exercise of exclusive right to prevent the marketing of products distributed with the consent of the holder of the right in another member state is in conflict with free movement of products. Mere exercise of an exclusive right not sufficient to constitute a dominant position; the power to impede the maintenance of effective competition over a considerable part of the relevant market also require. Difference in price may be decisive factor to determine abuse

 

IPPT19710218, ECJ, Sirena
Prohibition on cartels is applicable to exercising a trademark right to distort import from other member states when the trademark or trademark license is aquired by means of an agreement. A trademark as such does not constitute a domi-nant position; also necessary that the proprietor should have power to impede the maintenance of effective competition over a con-siderable part of the relevant market. Price difference may be a determining factor to disclose abuse. 

 

1968

 

IPPT19680229, ECJ, Parke Davis
Exercising Dutch patent possible against import products from Italy, where (at the time) no patent registration was possible - Prohibition on cartels does not apply to mere existence or exercise of right, except in case of an agreementor concerted practice - Difference in price does not necessarily constitute abuse of a dominant position.. 

 

1966

 

IPPT19660713, ECJ, Grundig v Consten
Exercising trademark rights in order to set obstacles for parallel imports, is not in accordance with the community rules on competition - Agreement concerning national registration GINT trademark, which result in unlawful obstacles for parallel imports, is prohibited under the EC Treaty.