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Christophe Geiger is Professor of Law, Director General and Director of the Research Department of the Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg (France); Affiliated Senior Researcher at the Max Planck Institute for Innovation and Competition (Munich, Germany); and Spangenberg Fellow in Law & Technology at the Spangenberg Center for Law, Technology...
1.To give effect to the territoriality principle, the courts must necessarily have to determine if there has been a spill-over of the reputation and goodwill of the mark used by the claimant who has brought the passing off action.2.In the course of such a determination it may be necessary to seek and ascertain the existence of not necessarily a real market but the presence of the claimant through...
1.Trade mark owners may not prohibit a third party from using, in the course of trade, indications concerning the kind, the quality, quantity, the intended purpose, the value, the geographical origin, the production time of goods or of rendering of the service or other characteristics thereof, provided that such use is in accordance with honest practices in industrial and commercial matters.2.The...
The Intel ruling will significantly affect EU competition law. It confirms that there cannot be per se violations of Art. 102 TFEU and that, once the Commission follows a specific test in assessing the anticompetitive nature of a unilateral conduct, the reviewing courts cannot overlook that test. In addition, Intel gives some hints as to the rules governing the burden and the standard of proof that...
Teva Pharmaceutical Industries Ltd. and Teva Santé v. Merck & Co. Inc. (now Merck Sharp & Dohme Corp.) Intellectual Property Code, Arts. L. 613-27, L. 614-12; Munich Convention on the Grant of European Patents (EPC), Arts. 53(c), 54, 56, 138; Code of Civil Procedure, Art. 55
1.A decision cancelling a patent does not have absolute effect within the meaning of Art. L. 613-27 of the Intellectual Property Code until it has acquired the force of res judicata.2.Where a claim concerns a subsequent therapeutic application of a substance or a composition, obtaining this therapeutic effect is a functional technical characteristic of the claim, such that, although the requirement...
1.Abstract information (here: Google Adwords and Facebook accounts and administrator rights) cannot be deemed to be work under the Copyright Act.2.Only work which is expressed in an objective form can be protected under copyright. An objective form may include a user account if it carries an original result, e.g. is set up in an original way within the meaning of Sec. 4(2) of the Copyright Act.3.In...
1.The design of an insurance package (instructions for the package) qualifies as a “work” within the meaning of Art. 1(1) of the CRR as it is a product of a person’s actions, has a fixed form, demonstrates creative elements and has individual features, even if its content is to a certain extent determined by law.2.The creative (original) character is manifested in a creative combination of insurance...
Regulation (EC) No. 1223/2009, Art. 20; Act Against Unfair Competition, Secs. 3(1), 5(1) second sentence No. 1; Code of Civil Procedure, Sec. 308(1); Verification Act, Sec. 7(2); Weights and Measures Act, Sec. 43(2)
(a)A court decides in breach of the principle of party disposition that applies in civil proceedings when it bases its judgment on an injunctive claim regarding misleading claims on an aspect of misleading that the plaintiff did not coherently argue (extension of the Federal Supreme Court, 2017 GRUR 295 – Entertain).(b)The assumption of a deception regarding the amount contained in a product by the...
1.A colour as such can be registered as a trade mark, but it will normally lack the required distinctiveness. Like all descriptive marks, the threshold for acquiring protection through registration is high.2.A general need for availability applies for colours.3.Although the colour code system is not publicly regulated or otherwise formally recognised, there is an extensive use of colour codes to indicate...
1.The fact that the decision was rendered null due to the provisions of Arts. 609(1) and 615(1)(e) CPC, considering that the defendant could not be ordered to pay annual compensation “corresponding to the amount per minute of the performances by artists, interpreters or performers displayed by the defendant” – given the request of payment of compensation as set by Art. 178(2) and (3) CDADC against...
This article explores how exhaustion and non-exhaustion of certain rights can be more coherently explained using the common law doctrine of implied licence. Exhaustion, as the name suggests, only focuses on the effect of the first sale or other transfer of ownership of the original or the copy of the work on the copyright owner, namely the consumption of the distribution right. Although the consumption...
Since Pakistan’s accession to the WTO’s TRIPS Agreement in 1995, legislation providing protection to the breeders of new plant varieties for the effective exploitation of their rights has sought to strike the balance between the rights of the biotechnology companies and the breeders of traditional plant varieties. In 2016, the Government of Pakistan enacted the Plant Breeders’ Rights Act, which is...
A breeding exemption in breeder’s rights law has not been specified in the patent laws of most countries. Since breeding exemption is not a part of research exemption, this paper argues that it is necessary and feasible to introduce into the patent system a limited breeding exemption. Compared with a comprehensive breeding exemption, a limited breeding exemption impairs patent rights less, conforms...
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