EU Trade mark. Exhaustion of the rights conferred by a trade mark. Parallel import of medicinal products. Repackaging of the product bearing the mark. New outer packaging.

EU Trade mark. Exhaustion of the rights conferred by a trade mark. Parallel import of medicinal products. Repackaging of the product bearing the mark. New outer packaging.
 

EU law cannot preclude a judicial practice according to which the operative part of a decision upholding an action for infringement of an EU trade mark is drafted in general terms. Provided that the defendant enjoys the effective judicial protection of the rights that it derives from Articles 34 and 36 TFEU and Article...

Article 10(1) of Directive 2004/48 (Enforcement Directive) does not preclude protective measure applied to goods to which an EU trade mark has been affixed, with the consent of the proprietor of that mark, but which were placed on the market of the EEA without his or her consent: article 10 of Enforcement Directive...

EU trade mark court retains jurisdiction in counterclaim to rule on the validity of EU trademark, if the main action is withdrawn. By involving the extension of the subject matter of the dispute and notwithstanding the link between the main action and the counterclaim, the counterclaim becomes independent of the main...

Press release: "International law firm Simmons & Simmons has added Paula Gallego, Diptanil Debbarma and Atze van Stralen to its European Intellectual Property team with effect from 1 October. With the arrival of these three patent law specialists to complement the existing team of lawyers and attorneys, the...

Collective management organisations entrusted with exemptions from payment and reimbursements must grant this in accordance with objective criteria which do not allow that legal person to refuse an application on the basis of considerations and the decisions of that legal person refusing such an application may be...

No exclusive right for broadcasting organisation regarding cable retransmission. Article 1(3) of the Satellite and Cable-directive (93/83/EEC) must be interpreted as meaning that it does not provide for an exclusive right for broadcasting organisations to authorise or prohibit cable retransmission, within the meaning...

Trade mark law. No interruption of the period of limitation or stop acquiescence by an act, such as a warning letter, by which the proprietor of an earlier mark or other earlier right opposes the use of a later mark without taking the necessary steps to obtain a legally binding solution. No interruption of the period...

Trade mark proprietor as producer liable for brand products pursuant to the Product Liability Directive. That Article 3(1) of Directive 85/374 must be interpreted as meaning that the concept of ‘producer’, referred to in that provision, does not require that the person who has put his name, trade mark or other...

Trademark law - Case T-316/21 Worldwide Machinery v EUIPO. In May 2013, the following figurative mark of Scaip Srl was registered.

Community court of Member State where (threatened) infringement takes place by offering for sale and delivery in advertising (not cross-border) competent (Article 82(5) CD-Regulation): such acts may be the subject of an action for infringement which targets, in accordance with Article 82(5) of Regulation No 6/2002, a...

Earlier right applying in a particular locality vs later trade mark. In order to be enforceable against the proprietor of a subsequent trade mark, it is sufficient, in principle, that the earlier right which only applies in a particular locality, such as a trade name, is recognised by the laws of the Member State in...

By its action, Poland, asks to annul the obligations imposed on online content-sharing service providers. The prior automatic review (filtering) of content uploaded by users) has been accompanied by appropriate safeguards by the EU legislature.

IP Rights in Rem - Property Law The concept of 'sales of goods' referred to in Article 1(2) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents must be interpreted as meaning that it may refer to the electronic delivery of...

Copyright - The lawful purchaser is entitled to decompile all or part of the computer program to correct errors in accordance with article 5 section 1 directive 91/250 (Software Directive), including when the correction consists in disabling a function that is affecting the proper operation of the application of which...

Genuine use. Breadth of categories of goods or services for which the earlier mark was registered is a key element of the balance between, on the one hand, the maintenance and preservation of the exclusive rights conferred on the proprietor of the earlier mark and, on the other hand, the limitation of those rights in...

The three-year period of prescription in respect of claims of a holder of a plant variety right starts to run from the date on which, first, the plant variety right was granted and, second, the holder had knowledge of the act and of the identity of the party liable, irrespective of the ongoing nature of an act of...

Patent Law - Article 3(d) of Regulation No 469/2009 must be interpreted as meaning that an MA cannot be considered to be the first MA, for the purpose of that provision, where it covers a new therapeutic application of an active ingredient, or of a combination of active ingredients, and that active ingredient or...

Case C‑401/19. Republic of Poland v European Parliament, Council of the European Union. Opinion of A-G Saugmandsgaard Øe.

The Republic of Poland asks the Court, principally, to annul Article 17(4)(b) and (c) of the DSM Directive and, in the alternative, to annul Article 17 in its entirety. To this end, the Republic...