The European Union’s top court rules that a national law which requires the consent of all parties before access to the file is given to third-party antitrust damages claimants is incompatible with EU law; a national court...more
In Oliver Brüstle v Greenpeace (Case 34/10) the Court of Justice of the European Union (CJEU) ruled that any non-fertilised but parthenogenically stimulated human ovum constitutes a "human embryo" within the meaning of...more
Following on from their previous challenge to the adoption of the unitary patent system on the basis of the concept of enhanced cooperation, and as eventually dismissed by the Court of Justice of the European Union (CJEU),...more
The EU Patent Package (the Patent Package) consists of two related, but independent parts: a Unitary EU Patent (the Unitary Patent or UP) and a Unified Patent Court (the UPC). The new system is expected...more
The Court of Justice of the EU ("CJEU") has recently ruled that EU law allows national authorities to provide the public with information identifying a food business operator ("FBO") whose food is unfit for human consumption...more
The patent wars between large technology companies continue unabated. The Court of Justice of the European Union (CJEU) is set to provide guidance on the antitrust rules when holders of standard essential patents seek...more
In this issue:
- Cookies, Clouds and Other Challenges – Retrospect and Prospect in Data Protection
- Employee Data Protection – What’s Down the Road?
- German Federal Supreme Court Decides Another...more
On 7 March 2013, the Court of Justice of the European Union (CJEU) delivered a surprisingly short and succinct judgment following a reference from the UK High Court regarding the legality of an internet live streaming site...more
The Cour de cassation, France’s highest court for judicial matters, rendered a judgment on 15 January 2013 in a case involving Jaguar’s distribution agreements in France. The judgment follows an earlier ruling on the matter...more
A judgment of the EU General Court in March 2011, upheld on appeal by the Court of Justice of the European Union (CJEU) on 22 January 2013, is potentially good news for parent companies. Where both a parent company and its...more
On 13 December 2012, the Court of Justice of the European Union (CJEU) held that national competition authorities (NCAs) can apply European competition rules, and fine companies for an infringement of EU rules, even in cases...more
The Court of Justice of the European Union (CJEU) has confirmed that the financing of infrastructure projects is subject to the European State aid rules. The judgment concerns the financing of airport infrastructure, but the...more
Originally published in the Forresters on December 02, 2012.
Two UK applications were rejected by a UK examiner on the ground that they constituted the 'use of human embryos for industrial or commercial purposes',...more
Originally published in Forresters on November 25, 2012.
Is There Light at the End of the Tunnel? -
It is clear from an emerging practice of the European Patent Office (EPO) that they were not widely impressed...more
On 8 October 2011, the Court of Justice of the European Union's (CJEU) handed down a landmark judgment on the correct interpretation of Article 6(2)(c) of the Biotechnology Directive (98/44/EC) relating to the patentability...more
On July 3, the Court of Justice of the European Union (CJEU) ruled that a sale of a digital copy of software exhausted the copyright owner's exclusive distribution rights to the copy under Europe's first sale doctrine. As a...more
In an eagerly-awaited judgment, the Court of Justice of the European Union (CJEU) has held that the first sale doctrine applies to digital copies of software sold in the European Union or European Economic Area.
Interested parties that can successfully navigate the evolving regulation of stem cell research stand to gain significant scientific and commercial advantage. Given that in the fall of 2011 the Court of Justice of the...more
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