On July 16,
2010, the luxury goods company Gucci,
owned by PPR, obtained an interim injunction against the unauthorized use of
the name Elisabetta Gucci throughout the E.U.
Gucci, a great-granddaughter of the fashion house's founder, in her capacity of artistic director of an...
member states are not, under all circumstances, allowed to restrict the sale of
medical devices to only brick-and-mortar shops that specialize in medical
devices. That is the outcome of the recent Ker-Optica judgment ( C-108/09 of 2
December 2010 ), which addressed the legality of Hungarian legislation...
By Isabel P. Alves and Rouget F. Henschel Previous Attempts to Create a Unitary Patent Protection
proposal was reformulated in 2009, after the entry into force of the
Lisbon Treaty, which introduced a new legal basis for the creation of EU
IP rights. According to article 118 of the TFEU 1...
By Rudy Kratz On October 18, 2011, the European Union's Court of Justice ruled
that certain stem cell procedures requiring the destruction of human
embryos are unpatentable. More specifically, the court ruled that under
EU law, patents may not be obtained for processes that require a base...
The European Union (EU) has long discussed the creation of a single "unitary patent" that would issue from a patent application filed in the European Patent Office. The unitary patent approach would depart markedly from the current approach in the European Patent Office. Under existing proposals...
By Claire Bennett and Philippa Montgomerie
After days of negotiations between participating member states, a solution to the controversial issue of the location of the Central Division of the Court of First Instance of the Unified Patent Court (UPC) was found. Previously, all EU member states except...
The Court of Justice of the European Union (CJEU) has been
asked to provide a ruling on how EU copyright law applies to hyperlinks. Late last year, a Swedish court asked the CJEU :
If anyone other than the holder of
copyright in a certain work supplies a clickable link to the work on his