Unitary patent: no abuse of the instrument of enhanced cooperation

Print this page 18-06-2013

PATENT LAW

 

Council Decision 2011/167/EU of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protection legally founded.


"25. That being so, it must be concluded that the competences conferred by Article 118 TFEU fall within an area of shared competences for the purpose of Article 4(2) TFEU and are, in consequence, non-exclusive for the purpose of the first paragraph of Article 20(1) TEU.

No marketing authorisation required for the preparation of ready-to-use syringes based on individual prescriptions

Print this page 13-06-2013

PHARMACEUTICAL LAW

 

No “new placement on the market” as a result of carrying out the preparation of ready-to-use syringes based on individual prescriptions.

 

Communication to the public may also include retransmission of an internetstream

Print this page 07-05-2013

COPYRIGHT

 

Communication to the public through direct retransmission of internet stream of television broadcast by another organisation.
 

Opposition against later registered Community trademark possible without declaration of invalidity beforehand

Print this page 22-04-2013

TRADE MARK LAW

 

Opposition against a later registered Community trademark possible without the need for a declaration of invalidity beforehand.
 

Greek games of chance monopoly and the freedom to provide services?

Print this page 24-03-2013

GAMES OF CHANCE

 

The freedom to provide services and the freedom of establishment preclude national legislation on games of chance: examination by national authorities.

Limited compensation for short news reports of major events justified

Print this page 22-03-2013

COPYRIGHT


EU Charter of Fundamental Rights and transitional directive implementation: Article 16 (freedom to conduct a business) and article 17 (acquired legal position) of Charter do not preclude limited compensation for short news reports of major events under article 15(6) of Audivisual Media Services Directive: priority is given to the public access to information over contractual freedom.

 

The Court has jurisdiction to fully review decisions by OHIM and CPVO

Print this page 19-03-2013

PLANT VARIETY RIGHTSLITIGATION

 

General Court can review legality decisions CPVO by examining whether characterisation of facts was flawed.

 

Unfair Commercial Practices Directive does not preclude the application of a national provision against publishers

Print this page 17-03-2013

UNFAIR COMMERCIAL PRACTICES

 

Unfair Commercial Practices Directive does not preclude the application of a national provision under which those publishers are required to use the term ‘advertisement’ for advertisements, unless it is evident from arrangement and layout of the publication that it is an advertisement

 

Territorial borders of Member States should be disregarderd by genuine use in the Community

Print this page 19-02-2013

TRADE MARK LAW

 

Genuine use in the Community: territorial borders of Member States should be disregarded

 

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