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

Print this page 23-03-2014

TRADE MARK LAW

 

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 similarity between the marks at issue.

 

Circumventing technological measures can be legitimate under certain circumstances

Print this page 23-03-2014

COPYRIGHT

 

Videogame is complex material comprising not only a computer program but also graphic and sound elements, which, insofar as they contribute its the originality, are protected by copyright in the context of Directive 2001/29.

 

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

Print this page 19-02-2014

DATABASE RIGHTS

 

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

 

CJEU on the automatic recognition in Liechtenstein of administrative authorisation issued for a medicinal product by SwissMedic

Print this page 14-02-2014

PATENT LAW

 

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 on the market when that authorisation predates marketing authorisations issued for the same medicinal product by EU authorities.

Article 42(2) and (3) refer to all international marks that have effect in a Member State

Print this page 12-02-2014

TRADE MARK LAW

 

Term ‘earlier national trade mark’ (article 42 of Regulation 207/2009) refers to all marks that have effect in a Member State, irrespective of the national or international registration

 

A patent which protects several different products can obtain several SPC’s

Print this page 12-02-2014

PATENT LAW

 

A patent which protects several different products can obtain several SPC’s.

An active ingredient does not have to be identified in the patent claims by a structural formula in order to be regarded as ‘protected by a basic patent in force’

Print this page 12-02-2014

PATENT LAW

 

SPC possible on condition that active ingredient is covered by a functional formula that is identified in the claims of the patent

 

No new SPC possible for active ingredient combined with another active ingredient which is not protected by the patent

Print this page 12-02-2014

PATENT LAW

 

Situation differs from Biogen and AHP Manufacturing: namely whether such a patent may permit its holder to obtain more than one SPC

 

An adjuvant is not an ‘active ingredient’ within the meaning of Article 1(b) of Regulation No 469/2009

Print this page 14-01-2014

PATENT LAW

 

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 ingredients’

 

Risk of dilution reputed trade mark requires evidence of a change in economic behaviour

Print this page 14-01-2014

TRADE MARK LAW

 

Risk of dilution reputed trade mark requires evidence of a change in economic behaviour.

 

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