International Review of Intellectual Property and Competition Law (Germany)
International Review of Industrial Property and Copyright Law (1970-2003)
Volume 40, Number 2, 2009
other issues
Editorial
Is the European GIs Policy in Need of Rethinking?
M. Ricolfi
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Articles
Compensation of Damages for Infringements of Intellectual Property Rights in France, Under the Directive 2004/48/EC and Its Transposition Law — New Notions?
Y. Benhamou
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Compulsory Licenses for Access to Medicines, Expropriation and Investor-State Arbitration Under Bilateral Investment Agreements — Are There Issues Beyond the TRIPS Agreement?
T.-Y. Lin
p.152 +cite
Investigating New Models of Pharmaceutical Innovation to Protect the Human Right to Health
J. Odermatt
p.173 +cite
The Patent Novelty Grace Period in China in Comparative Perspective
X. Wan
p.182 +cite
Trademarks and Freedom of Expression
M.A. Naser
p.188 +cite
Opinion
Unity of Chemical and Biotechnological Markush Claims Under the PCT and EPC — Consistency of the PCT and EPC Guidelines with the Law
T.M. Leber
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Report
Song Sung Blue — Karaoke and Royalty Collection in Thailand
J. Sunthornsingkarn
p.213 +cite
Decisions
Jurisdiction and Patent Law
UK Ct. App. 6 March 2008 - "Related proceedings" in Art. 28 of EC Reg. 44/01 - "Same cause of action" in Art. 27 Regulation - Proceedings concerning: two claims put forward in parallel/a claim and a defence - Value judgement to measures "degree of connection" and "expediency of hearing two actions together" to avoid risk of inconsistent judgements - Italian torpedo - Abuse of process - Permissible methods of forum shopping - EC Reg. 44/01 on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters, Art. 28 - [2008] EWCA Civ 153 - Research in Motion UK Ltd v. Vista Corporation - "Research in Motion v. Visto"
p.219 +cite
Patent Law
Germany Sup. Ct. 15 May 2007 - Examination of inventive step - Basis not individual features or groups of features - Rather subject-matter of invention in entirety of features providing solution in their technical context - EPC, Art. 56; German Patent Act, Sec. 4 - X ZR 273/02 - "Papermaking Fabric" (Papiermaschinengewebe)
p.220 +cite
The Netherlands Hague Dist. Ct. 19 March and 24 Sept. 2008 - Questions referred to ECJ - Protection of patent for biological material - Interpretation of Art. 9 Directive 98/44 - Where product (DNA) forms part of material (soya flour), but is not performing function at moment of alleged infringement - Whether protection according to Directive prevents domestic patent law from additionally conferring absolute protection on product as such - EC Directive 98/44 on the Legal Protection of Biotechnological Inventions, Arts. 8, 9; Dutch Patent Act, Secs. 53, 53a - Monsanto Technology v. Cefetra, Argentina et al. - "Roundup Ready Netherlands"
p.228 +cite
Spain Madrid Com. Ct. 27 July 2007 - Scope of biotechnological patents - Infringement of claim over genetic sequence - Requires proof not only that allegedly infringing product contains that sequence - Additionally proof required that sequence in product continues to perform function - Where genetic material inactivated - EC Directive 98/44 on the Legal Protection of Biotechnological Inventions, Art. 9; Recitals 8, 23, 24; Patent Act, Art. 50(1)(a) and (4) - 488/07 - Monsanto Technology LLC v. Sesostris S.A.E. -"Roundup Ready Spain"
p.233 +cite
UK High Ct. 10 Oct. 2007 - Claim over "isolated DNA sequence" - lnterpretation of term "encoding a Class II enzyme" - Relevance of fact that DNA present in meal was irrelevant to meal as animal feed - Infringement of process claim - Patent Act, Sec. 60(1)(c) - [2007] EWHC 2257 (Pat) - Monsanto Technology LLC v. Cargill International SA -"Roundup Ready UK"
p.237 +cite
Civil Procedure and Copyright Law
UK Ct. App. 4 April 2008 - Defence of acquiescence - When claimant is passive and observes investment in exploitation of copyright while failing to express objection - Defence of proprietary estoppel - Delay as defence - Monetary interests such as joint share in copyright - Declaration as to co-authorship - Distinction between right to attribution of authorship and right to title and control of exploitation in future - Implied license to exploit arrangement of song - [2008] EWCA Civ 287 - Gary Brooker & Onward Music Limited v. Matthew Fisher - "Brooker & Anor v. Fisher"
p.238 +cite
Trade Mark Law
EU – ECJ 17 July 2008 - Application for Community figurative mark "Aire Limpio” - Earlier Community, national and international figurative marks representing fir tree with various names - Relative ground for refusal of registration - Likelihood of confusion - Inference of particularly distinctive character of earlier mark from evidence relating to another mark - EC Reg. 40/94, Arts. 8(1)(b), 73 - C-488/06 P - L & D SA v. OHIM and Julius Sämann Ltd - "Arbre Magique/Aire Limpio"
p.239 +cite
EU – ECJ 18 Sept. 2008 - Application for Community word mark "Armafoam" - Earlier Community word mark "Nomafoam" - Likelihood of confusion - Existence of relative ground for refusal of registration in part of EC - Unitary character of Community mark - EC Reg. 40/94, Arts. 1(2), 8(1)(b) and (2) - C-514/06 P- Armacell Enterprise GmbH v. OHIM and nmc SA - "Nomafoam/ Armafoam"
p.240 +cite
EFTA - EFTA Ct. 8 July 2008 - EC Directive 89/104, Art. 7(1) - Interpretation of - EEA, Arts. 1(1), 65(2); Protocol 28 EEA, Art. 2(1); Annex XVII EEA, No. 4c; Agreement between EFTA States on Establishment of Surveillance Authority and Court of Justice, Art. 3(2) - E-9/07 and ET10/07 - L'Oréal Norge AS and L'Oréal SA v. Per Aarskog AS, Nille AS, Smart Club AS – “Redken”
p.241 +cite
France Sup. Ct. 8 April 2008 - Freedom of expression - Association complying with objectives set out in its statutes – Denouncing damage to environment and risks to human health by certain industrial activities - Representing trademarks in combination with skull and diseased-looking fish - European Convention on Human Rights, Art. 10; Protocol No. 1 to European Convention on Human Rights, Art. 1; Civil Code, Art. 1382; Intellectual Property Code, Art. L. 713-5; Law of 29 July 1881, Art. 29 - 06-10961 - Esso SA v. Greenpeace France - 07-11251 - Greenpeace France and Greenpeace New Zealand v. Société des Participations du Commissariat à I'Énergie Atomique (SPCEA) - "Greenpeace"
p.241 +cite
Book Review
Wettbewerbsrecht. Vol. 1: EC, Parts 1 & 2; Vol. 2: Germany. (Enchelmaier) Immenga and Mestmäcker (Eds.)
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