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Court of Justice of the European Union (CJEU) Intellectual Property Protection

Hogan Lovells

Grand Chamber of the CJEU hears a cross-border patent dispute

Hogan Lovells on

This article is a follow-up to the hearing conducted before the Grand Chamber of the Court of Justice of the European Union (CJEU) in the BSH Hausgeräte/Electrolux case (C‑339/22) of 14 May 2024. An earlier hearing in this...more

BCLP

Castelbajac Saga: Can the Misleading Use of a Patronymic Trademark by Its Assignee Be Sanctioned by Its Revocation for Deceptive...

BCLP on

A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a...more

Jones Day

UK Court of Appeal Diverges From EU Trademark Law

Jones Day on

The UK Court of Appeal has for the first time chosen to diverge from a decision of the Court of Justice of the European Union ("CJEU"), making use of the powers given to it following the UK's exit from the European Union....more

Jones Day

Can EU Operators of Online Marketplaces be Held Liable for Trademark Infringement?

Jones Day on

In Short - The Situation: The Court of Justice of the European Union ("CJEU") recently ruled that operators of online marketplaces may be held directly liable for trademark infringement in a context where third-party...more

Hogan Lovells

Lidl v Tesco: UK supermarkets clash over bad faith

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In the latest instalment of trade mark litigation between UK supermarket competitors Lidl and Tesco, the Court of Appeal has reversed a High Court decision that had struck out Tesco's counterclaim on bad faith grounds. The...more

Jones Day

EU Anti-Counterfeit Regulation Does Not per se Allow Repackaging of Parallel Imported or Parallel Traded Pharmaceuticals

Jones Day on

In Short - The Situation: European Union ("EU") trademark law permits the repackaging of pharmaceuticals that are imported or traded in parallel from one Member State to another only in limited circumstances. In view of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - December 2022: What We’re Watching in Europe…

Continuing with news involving the color red, on December 23, 2022, the Court of Justice of the European Union (CJEU) issued a preliminary ruling finding that Amazon may be subject to liability for trademark infringement...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - December 2022

Thank you for reading the December 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Pantone's 2023 Color of the Year and a preliminary ruling in Europe regarding an online marketplace's...more

A&O Shearman

Parallel imports of repackaged medicinal products – when can brand owners oppose?

A&O Shearman on

Three cases handed down on 17 November 2022 by the EU’s highest court shed important light on the ability of brand owners to oppose the repackaging of medicinal products, particularly where anti-tampering devices are replaced...more

Hogan Lovells

CJEU: Interruption of the forfeiture period only in the case of serious legal action

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Trademark proceedings concerning the rights to the trade name and trademark "HEITEC" were brought before the German Federal Court of Justice (BGH), which in turn referred four questions to the CJEU for a preliminary ruling....more

Jones Day

Trademark Revocation Actions for Non-Use: Who Bears the Burden?

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CJEU Decision  - In Maxxus Group GmbH v Globus Holding GmbH C‑183/21, the CJEU was asked whether German procedural rules were consistent with Article 19 of the Directive (EU) 2015/2436 on revocation of trademark rights for...more

Hogan Lovells

Finally some clarity? CJEU declares Art. 17 DSM-Directive to be in line with fundamental rights.

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Is Art. 17 DSM Directive compatible with EU fundamental rights? Today, the CJEU has given the answer, in one of the most awaited rulings of the year: yes – because of the safeguards of Art. 17 DSM Directive (C-401/19). The...more

Dechert LLP

CJEU rules on private copying exception to storage in the cloud

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The Court of Justice of the European Union (“CJEU”) has recently ruled that the private copying exception contained in the Information Society Directive (the “Directive”) applies to works stored in space made available to...more

MoFo Life Sciences

A Long Courtship For Unity – As Europe’s Unitary Patent System Is Going Live Soon, Consultations About A Unitary Supplementary...

MoFo Life Sciences on

After a myriad of challenges, delays, and hurdles, the setting up of the pan-European patent court, the Unified Patent Court (UPC), is finally gaining traction. On January 19, 2022, the UPC came into existence as an...more

Latham & Watkins LLP

Filter Future? Updates on the Copyright Directive and Platform Liability

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Recent developments at the CJEU give some shape to the practical implications of Article 17 of the Copyright Directive. 7 June 2021 was the implementation deadline for the Copyright in the Digital Single Market Directive...more

Hogan Lovells

EU General Court: Standardisation documents can enjoy copyright protection

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The EU General Court (GC) recently ruled on copyright protection for standardisation documents, such as DIN (German Institute for Standardisation) documents. The GC ruled that, under certain circumstances, such documents can...more

McDermott Will & Emery

International News: Healthcare - Spotlight on the Industry - May 2021

Sovereign Wealth Fund Investment in the Global Healthcare Industry - Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market...more

Dechert LLP

UK Life Sciences and Healthcare Newsletter: Life Sciences: What's new in France? The Santen case and the notion of second medical...

Dechert LLP on

How to interpret the notion of second medical use with regards to SPCs? This is the question which was asked of the Court of Justice of the European Union (CJEU) by the court of appeal of Paris on behalf of the French...more

A&O Shearman

Germany: CJEU referral on current practice in PI proceedings

A&O Shearman on

With a decision of 19 January 2021, the Munich Regional Court (file number 21 O 16782/20) referred following question to the CJEU for a preliminary ruling...more

Hogan Lovells

Has Messi opened up a Pandora’s box before the European Courts?

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Messi is victorious not only on the football field, but also before the European Courts: the football player’s reputation creates a conceptual difference between MESSI and MASSI which counteracts the visual and phonetic...more

Hogan Lovells

COVID-19 IP update: impact on litigation (UPDATED)

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Netherlands - Proceedings on the merits in the Netherlands are continuing as normal as possible. This means that new cases can be filed and the exchange of written submissions continues as usual. Oral hearings are for the...more

Hogan Lovells

Covid-19 IP Update: Intellectual Property Office developments (UPDATED)

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China - On 28 January 2020, CNIPA (China's National Intellectual Property Administration) published its Notice 350, which is applicable to both trademark and patent matters....more

Hogan Lovells

Covid-19 IP Update: Impact on litigation (UPDATED)

Hogan Lovells on

Court of Justice of the European Union (CJEU) - The CJEU has announced? temporary changes to its working arrangements. Judicial activity will continue, but priority will be given to those cases that are particularly...more

Hogan Lovells

Covid-19 IP Update: Impact on litigation (UPDATED)

Hogan Lovells on

Court of Justice of the European Union (CJEU) - The CJEU has announced? temporary changes to its working arrangements. Judicial activity will continue, but priority will be given to those cases that are particularly...more

McDermott Will & Emery

Special Report - 2019 IP Law Year in Review – European Issues

McDermott Will & Emery on

The last year of the 2010s has been prolific in terms of important new pieces of legislation and case law within the European Union, and in France and Germany in particular. Indeed, the European Parliament and the EU Council...more

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