Property Law - Rights in Rem

2023

IPPT20230427, CJEU, Legea
Competence of joint proprietors of a national or Union trade mark is determined by national law. The applicable national law determines whether the grant or the termination of a licence to use a national trade mark or an EU trade mark held in joint proprietorship requires an unanimous decision by the joint proprietors or a decision by a majority of them.

2012

IPPT20120719, CJEU, Pie Optiek v Bureau Gevers

Contractual partner who is solely authorised by proprietor trade mark to register eu-domain name, but not authorised to commercial use, is not a “licensee of prior rights” for purposes of eu-domain name registration

2011

IPPT20110606, USSC, Stanford v Roche

Title to patent: The Bayh-Dole Act does not automatically vest title to federally funded inventions in federal contractors or authorize contractors to unilaterally take title to such inventions.

2009

IPPT20090930, USCAFC, Stanford v Roche

Assignment of title: Stanford did not gain title to Holodniy’s inventions, while the VCA effected a present assignment of Holodniy’s future inventions to Cetus. Roche’s counterclaim for ownership is time-barred by statutes of limitation

2007

IPPT20070111, ECHR, Anheuser Busch v Portugal

Trademark application is a possession: a set of proprietary rights that were recognized under Portuguese law, even though they could be revoked under certain conditions.

1995

IPPT19951120, ECHR, BAT v The Netherlands

No violation of article 6 – access to civil courts of decision of Appeals Division of Patent Office