Next Tuesday, 16 November, the European Court of Justice rules in Case C-245/02 Anheuser-Busch (another Budfest). This is classed as an "external relations" case rather than as an IP one -- but we know better! The decision concerns the interpretation of Community law concerning trade marks, considering specifically
* whether the TRIPs Agreement applies to an alleged infringement if it commenced before the entry into force of that Agreement but carries on after that date;
* what Article 16 of TRIPs actually means and
* protection of a trade name under Article 8 of the Paris Convention.
The Advocate General's Opinion is still available in just seven EU languages, including Finnish, but not English. Why, the IPKat wonders, is it considered more necessary for Finns to know what's going on than for the English?
On Thursday 18 November we have the judgment in case C-143/04 Commission v Belgium. This is where Europe's leading nation of chocolateers are roasted alive for their failure to implement Directive 2001/29 on the harmonisation of certain aspects of copyright and related rights in the information society. The IPKat notes that this case has floated effortlessly up the agenda without the apparent publication of any Advocate General's Opinion at all.
The IPKat looks forward to bringing you news and -- if he understands the decisions -- comments, so don't forget to check the blog for them.
Friday, 12 November 2004
Posted by Jeremy at 11:05:00