LexisNexis® Legal Newsroom
What’s in a Name? Gucci vs Gucci

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. Ms. Elisabetta Gucci, a great-granddaughter of the fashion house's founder, in her capacity of artistic director of an...

European Court Clarifies Restrictions on Sale of Medical Devices

EU 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...

European Court Clarifies Restrictions on Sale of Medical Devices

EU 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...

Foley & Lardner LLP: Long-Awaited EU Unitary Patent Possible as Prospects Brighten

By Isabel P. Alves and Rouget F. Henschel Previous Attempts to Create a Unitary Patent Protection The 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...

Fitch, Even, Tabin & Flannery: The EU Court of Justice Rules Certain Stem Cell Procedures and Products Are Unpatentable

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...

Fitch, Even, Tabin & Flannery LLP: European Union Makes Progress Toward Unitary Patent System

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...

DLA Piper: Paris: The Unified Patent Court - A victory all round?

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...

Do You Consider Hyperlinking to Be Copyright Infringement? The Question Has Come Up in Europe

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 website...