
The claimant, the Bayerische Brauerbund e.V. (Bavarian Brewery Association) requests that the IR proprietor agrees to cancellation of the IR's German designation on the basis that it infringes the GI. The parties disagree over the question whether the Regulation on the basis of which protection was granted to "Bayerisches Beer" is valid. The question of validity of this Regulation is already subject of proceedings before the European Court of Justice, having been referred by an Italian Court which is also hearing proceedings between the two parties.

A second question relates to the regulation according to which "Bayerisches Beer" was registered and whether it is invalid. If so, the Court asks whether the claimant can claim protection on the basis of national law [Beschluss vom 14. Februar 2008 – I ZR 69/04 – BAVARIA. Source : German Supreme Court press notice No. 30/2008] (information supplied by the IPKat's friend Kathrin Vowinckel).
The IPKat assumes that the ECJ will consolidate this reference with the earlier Italian one. Merpel adds, these Bavarians beers probably make a pleasant change from all that Budweiser ...
Second BAYERISCHES BIER case for ECJ
Reviewed by Jeremy
on
Monday, February 18, 2008
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