Search for: "In Interest of Ec"
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16 Mar 2009, 1:02 pm
An EC is a more durable restriction. [read post]
14 Nov 2019, 6:43 am
It offers practical guidance, while also evaluating the viability of more recent developments such as initial-interest confusion, post-sale confusion and consumer responses to uses of trade marks on the internet. [read post]
28 Apr 2013, 10:39 pm
The five judge bench unanimously held that such proceedings could not be brought against such internet users, given the exemption under Article 5.1 of the Directive 2001/29/EC. [read post]
14 May 2014, 8:56 am
Here, as well, the Court found that an individual’s interests can prevail over any countervailing interests at stake. [read post]
25 Apr 2018, 9:19 am
This would establish a fair balance between the interests of copyright owners and ‘normal’ internet users that do not pursue occupational interests. [read post]
22 Apr 2020, 2:51 am
At the moment, the true exclusive right of “originator” drugs owners could lie in the possibility of referring to the data exclusivity legislation, pursuant to Directive 2001/83/EC and to EU Regulation 726/2004. [read post]
9 Jul 2014, 2:27 pm
Particularly the conceptualisation of the required absence of confusion and the application of the balancing exercise with respect to fundamental rights will prove interesting issues in practice. [read post]
17 Apr 2015, 3:42 am
Overall, "[s]ubject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others. [read post]
27 Apr 2020, 1:30 am
Back in December 2019, the Court of Justice of the European (CJEU) issued a decision concerning tangerines that did just that.Reporting from Matera, Italy, IP lawyer Vincenzo Vinciguerra, PhD (Roberto Manno's Weblegal) explains the decision and his interpretation on what it means for plant breeders:"On 19 December 2019, the CJEU ruled on the interplay between Articles 13(3) and 95 of Council Regulation (EC) n. 2100/94 - the Plant Variety Regulation in the… [read post]
29 Sep 2018, 10:36 am
Recital 31 of Directive 2001/29/EC states that “a fair balance of right and interests between…rightholders and users of protected subject matter must be safeguarded”. [read post]
15 Jul 2021, 8:09 am
The IPKat is delighted to host the following guest post by Katfriend Frederic Blockx on yesterday's interesting and important decision of the General Court in T-185/19.Here's what Frederic writes:The General Court of the EU wanders into copyright law, and gets disorientedby Frederic BlockxNo access for KatsTraditionally, the last few days of the Term yield an impressive harvest of cases out of Luxembourg. [read post]
23 Dec 2018, 4:01 am
The caseThe High Court of Justice (UK) asked the CJEU for an interpretation of Article 3(d) of Regulation (EC) No 469/2009 ("Article 3(d)") concerning the supplementary protection certificate for medicinal products. [read post]
11 Dec 2015, 6:16 am
"This Kat has yet to digest all the news coming from Brussels, but one of the issues of likely greatest interest is probably what the Commission intends to do/propose in the area of linking.This is an area that has been subject to interesting developments over the past couple of years, at both the judicial and policy/legislative levels. [read post]
13 May 2014, 9:23 am
Anyhow, Katfriend Evelina Marchesoni (Bird&Bird) rescued her and produced this engaging update on recent developments in Italian case law on torpedo actions.Here's what Evelina says:"The Tribunal di Genova (Genoa District Court) has recently issued an interesting decision on the so-called Italian torpedo actions, these being proceedings filed before Italian courts for a declaration of non-infringement ("DNI") in respect of, not only of the Italian… [read post]
5 Mar 2016, 11:33 am
This decision will be welcome to all who are interested in protecting GI’s. [read post]
21 Feb 2013, 2:49 am
To that same effect, I consider it appropriate finally to point out that, in accordance with the need, repeatedly acknowledged by the Court, for the uniform application of European Union law, the interpretation of the term ‘third party’ in Article 9(1) ... cannot but extend to the analogous term set out in Article 5(1) and (2) of Directive 2008/95/EC, which is framed correspondingly". [read post]
22 Nov 2022, 7:29 am
Last week, AG Rantos provided an interesting opinion on the matter that deserves further attention. [read post]
22 Aug 2014, 5:22 am
Although this blog has discussed more unsavory topics, such as patenting clones or the method of selecting desirable traits for your child, the field constantly brings forward more interesting questions posed to the judiciaries of various countries. [read post]
21 Jun 2023, 9:14 am
Researchers commissioned by the EC could be provided with real-world evidence by industry (SEP holders as well as implementers). [read post]
3 Nov 2016, 5:01 am
The next few weeks will be interesting. [read post]
