European IP Bulletin, Issue 34, September 2006
August/September 2006
Full Printable Version in PDF Format (Adobe Acrobat Reader required, available for free download here)Copyright (click the header at left to view all of the Copyright case notes)
1. Five Year Interim Injunction in Copyright Case Continues
An application to dismiss an interim injunction granted in 2001, in the case of Clarke v Artprints
Patents (click the header at left to view all of the Patent case notes)
2. Yeda Research V Rhone_pulenc Rorer & Comptroller of Patents Designs and Trade Marks
The judgment of the Court of Appeal in the case of Yeda Research & Development Ltd v Rhône-Poulenc Rorer Holdings, Imclone Systems and the Comptroller, provides an interpretation of section 37 of the Patents Act 1977, in respect of patent entitlement proceedings. The judgment also considers the effect of the limitation period under section 37(5) on such entitlement proceedings.
3. To Amend or Not to Amend
On
4. Inventive Concept: Prejudice and False Prejudice
Case law at the highest level of appeal has noted the problems that courts face when establishing the inventive concept in a patent in suit. A recent case decided in the UK Patents Court has highlighted some of these difficulties.
Trademarks (click the header at left to view all of the Trademark case notes)
5. “Warm Welcomes” Umwelcomed by OHIM
On
6. Intel Corporation Inc. V CPM United Kingdom
Intel Corporation, which owns a large number of
7. Sergio Rossi V Office For Harmonisation in the Internal Market
The European Court of Justice (ECJ) has held that the function of the Community Courts is to review the legality of previous decisions rendered by Community Offices or the Courts of First Instance, and is not intended to re-examine the facts.
Designs (click the header at left to view all of the Designs case notes)
8. Honda Giren Kogyo Kabushiki Kaisha (also trading as Honda Motor Co. LTD)
On 30 and 31 August 2006, the Invalidity Division of OHIM made two decisions regarding Honda Motor’s requests in respect of the invalidation of two registered community designs. These two cases in industrial design field emphasise the substantiation requirements such as “novelty” and “individual character”.
Confidential Information and Privacy (click the header at left to view all of the Confidential Informaton and Privacy case notes)
9. Hughes V Carratu International PLC
The case offers clarification on the legal implications of the conduct of enquiry agents who, when obtaining personal information concerning members of the public, should keep in mind the rules set out in the Data Protection Act 1998.
