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Curing rules on parallel import of pharmaceuticals? (Simont Braun)

CJEU and Belgian Supreme Court on the interaction between free movement of goods and trademark rights. On November 7, 2016 the Belgian Supreme Court (Cour de cassation – Hof van cassatie) gave judgment in two cases regarding the repackaging of pharmaceuticals, wherein it ruled in favour of the parallel importer with

Protecting and enforcing design rights: Benelux (World Trademark Review)

Benelux design law is governed by the Benelux Convention on Intellectual Property, the current version of which entered into force on October 1 2013. The Community Design Regulation is the second important piece of legislation for design law in the Benelux countries. As both the convention and the Community Design

2017-01-09T11:53:02+00:00 9 janvier, 2017|Categories: Droit de la propriété intellectuelle|Tags: , |

Repackaging: when is it allowed? (Lydian)

On 10 November 2016, the European Union Court of Justice (ECJ) rendered a judgment regarding the "need of repackaging" of pharmaceuticals and the reaffixing of the trade mark by the parallel importer within the European Economic Area (EEA), which includes Norway. A lot of issues have been raised in the field

A puzzling judgement for Rubik’s Cube (Novagraaf)

The Court of Justice of the EU (CJEU) yet again seems to have raised the bar for the trademark protection of 3D shape marks. In its recent Rubik’s Cube judgement, it has annulled EUIPO’s ruling that confirmed EU trademark (EU TM) protection for the Rubik’s Cube shape. Novagraaf’s Frouke Hekker

2016-11-30T09:38:17+00:00 30 novembre, 2016|Categories: Droit de la propriété intellectuelle|Tags: , , |

European Court of Justice says European Union trade mark licences do not need to be registered for licensees to pursue infringers (Eversheds)

The European Court of Justice (“ECJ”) has ruled that a licensee of a European Union trade mark (formerly known as Community trade marks) (“EUTM”) can take enforcement action even if its licence has not been registered, so long as the licensee has the trade mark owner’s consent to assert such

2016-10-17T16:19:45+00:00 24 août, 2016|Categories: Droit de la propriété intellectuelle|Tags: , , |