Intellectual Property Expert Group
Intellectual Property Expert Group
On March 8, 2011 the highest EU Court, the European Court of Justice (ECJ) gave its ruling on the draft EU Patent Court or EEUPC. It does not look good at all, as the court concludes: “The envisaged agreement creating…
It seems like the proper moment to provide an update on where we are with the creation of a single EU patent and how this EU patent, once created, will be dealt with in Court if it comes to infringement…
The latest chapter in the saga of Anheuser-Busch against the Czech company Budejovicky Budvar, both claiming rights in the mark and name “BUDWEISER”, was resolved by the ECJ in favor of the US company (now merged with the Belgian giant…
The struggle to reach a single European Patent Court dominates “patent politics” in 2010 (see our June blog[1]). In September, some 120 patent judges from European Patent Convention states as well as guests from the US and Japan met in…
Just one year after the German Federal Court (BGH) ruled about the trade mark claims by LEGO for its building bricks, the European Court of Justice (“ECJ”) in its judgment of this week picks up a similar argument to finally…
The creation of a new European Patent System meets some firm opposition and obstacles from various sides. Debates have been going on for decades now whether we should have a EU – or in older terms “Community” – Patent. Presently,…
For several years now, patent holders and trademark owners have successfully been using European Regulation 1383/2003 to ensure that customs authorities in the EU detain or suspend the release of goods suspected of infringing their IP rights. These IP right…