CJEU on the obligation of the supplier to provide information on the protected varieties

Print this page 03-01-2013

PLANT VARIETY RIGHTS

 

Establishing and scope of obligation supplier of processing services to provide information on protected varieties

 

Genuine use in a different form of a trademark without altering the disctinctive character

Print this page 02-01-2013

TRADE MARK LAW

 

Genuine use trademark by use in a different form without altering the distinctive character, even if different form is registered as (defensive) trademark

Unfair commercial practice by giving the false impression that consumer has already won a prize when he first has to incur costs to claim it

Print this page 02-01-2013

ADVERTISING LAW - UNFAIR COMMERCIAL PRACTICES

 

Unfair commercial practice when giving the false impression that consumer has already won prize, while consumer has to incur (minimal) costs first to claim the prize.

 

Informed user can have an imperfect recollection

Print this page 02-01-2013

DESIGN LAW

 

Community design not invalid based on older Community trademark: difference in facial expression is a fundamental characteristic that is remembered by informed user.

Correct criterion by basing its reasoning on the informed user’s imperfect recollection of overall impression and by taking into consideration the whole of the relevant public.

 

Communication of OHIM that opposition is admissible is not only a procedural measure

Print this page 02-01-2013

TRADE MARK LAW - LITIGATION

 

Communication of OHIM to opposing party that opposition is admissible, is not simply a procedural measure but a decision which may only be revoked or annulled in accordance with Trademark Regulation.

 

Interaction between substance and cellular consituent within user's body sufficient for 'pharmalogical action'

Print this page 02-01-2013

PHARMACEUTICAL LAW

 

Interpretation of ‘pharmacological action’ in Pharma Directive on the basis of guidance document.

 

Actual lodged application for registration of a trademark and objective need for a national body constitutes a permitted test case

Print this page 02-01-2013

TRADE MARK LAW

 

Permitted test case: actual lodged application for registration of trade mark and objective need seeking national body, inherent in outcome of case pending before it. 

 

Sufficient disclosure to satisfy requirements of article 57 EPC regarding “a practical application” and “some profitable use"

Print this page 06-12-2012

PATENT LAW


Supremacy principles laid down by the Board’s jurisprudence.

 

'Easily digestible'accompanied by reference to reduced acidity prohibited 'health claim' for wine

Print this page 18-11-2012

ADVERTISING LAW

 

‘Easily digestible’ accompanied by reference to reduced acidity is a prohibited “health claim” for wine.

 

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