IPPT20110412, CJEU, DHL Express v France Chronopost

Print this page 13-04-2011

TRADE MARK LAW – LITIGATION – PRIVATE INTERNATIONAL LAW

 

IPPT20110329, CJEU, Anheuser-Busch v Budejovicky Budvar

Print this page 05-04-2011

TRADEMARK LAW

 

Opposition on ground of a sign used in the course of trade of more than mere local significance

 

IPPT20110310, CJEU, Wydawnicza Technopol v OHIM

Print this page 18-03-2011

TRADE MARK LAW

 

Interpretation of absolute grounds for refusal in light of objective pursued – underlying general interest
• In examining that argument, due account must be taken of the objective pursued by Article 7(1)(c) of Regulation No 40/94. Each of the grounds for refusal listed in Article 7(1) must be interpreted in the light of the general interest underlying it.

 

IPPT20110308, CJEU, Opinion on unified patent litigation system

Print this page 16-03-2011

PATENT LAW

 

Unified patent litigation system incompatible with
European Law

 

No monopoly Court of Justice for IP disputes
• As regards Article 262 TFEU, that article cannot preclude the creation of the PC. While it is true that under that provision there can be conferred on the Court some of the powers which it is proposed to grant to the PC, the procedure described in that article is not the only conceivable way of creating a unified patent court.

 

IPPT20110127, CJEU, Flos SpA v Semeraro

Print this page 30-01-2011

COPYRIGHT – DESIGN LAW

 

Copyright protection not affected by expiration of national design right
• that Article 17 of Directive 98/71 must be interpreted as precluding legislation of a Member State which excludes from copyright protection in that Member State designs which were protected by a design right registered in or in respect of a Member State and which entered the public domain before the date of entry into force of that legislation, although they meet all the requirements to be eligible for such protection.

 

IPPT20100914, ECHR, Sanoma v The Netherlands

Print this page 26-01-2011

PUBLICATION

 

Protection journalistic resources: chilling effect
• The present case concerns an order for the compulsory surrender of journalistic material which contained information capable of identifying journalistic sources. This suffices for the Court to find that this order constitutes, in itself, an interference with the applicant company's freedom to receive and impart information under Article 10 § 1.

 

IPPT20101209, EBA-EPO, Essentially Biological Process

Print this page 14-01-2011

PATENT LAW

 

Excluded essentially biological process: process containing sexually crossing
• A non-microbiological process for the produc-tion of plants which contains or consists of the steps of sexually crossing the whole genomes of plants and of subsequently selecting plants is in principle ex-cluded from patentability as being "essentially biological" within the meaning of Article 53(b) EPC.

 

IPPT1913, UKHL, Gillette Safety Razor v Anglo-American Trading

Print this page 12-01-2011

PATENT LAW

 

IPPT20101222, CJEU, Bayerische Brauerbund v Bavaria

Print this page 11-01-2011

PROTECTED GEOGRAPHICAL INDICATIONS - TRADEMARK LAW

 

IPPT20101222, CJEU, Bezpecnostni softwarova asociace

Print this page 30-12-2010

COPYRIGHT

 

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