Admissability referral President EPO
• It would be too limiting to declare a referral by the President inadmissible simply because the formal requirement that two Boards of Appeal must be involved has not been fulfilled. At least this holds true when, as is the case here, the Board of Appeal has delivered the allegedly different decisions in different compositions
Right of withdrawal: consumer may not be charged with the cost of delivering the goods:
PLANT VARIETY RIGHTS
Reach-through claim, also directed to future inventions
• A formulation of a claim whereby functionally defined chemical compounds are to be found by means of a new kind of research tool using a screening method set out in the description constitutes a reachthrough claim which is also directed to future inventions based on the one now being disclosed.
Use of trade marks as keywords in search engine advertising service:
• Proprietor is entitled to prohibit in the case where that ad does not enable an average internet user, or enables that user only with difficulty, to as-certain whether the goods or services referred to therein originate from the proprietor of the trade mark or an undertaking economically connected to it or, on the contrary, originate from a third party.
Use of trade marks as keywords in search engine advertising service
• That the proprietor of a trade mark is entitled to prohibit an advertiser from advertising, on the basis of a keyword identical with that trade mark which that advertiser has.
Communication to the public
• The hotelier, by installing televisions in his hotel rooms and by connecting them to the central antenna of the hotel, thereby, and without more, carries out an act of communication to the public within the meaning of Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society.