Property Law - Rights in Rem

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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




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.




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




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.




IPPT19951120, ECHR, BAT v The Netherlands

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