
"free, on-line global intellectual property (IP) reference resource that provides quick and easy access to a broad collection of searchable IP data and tools relating to, for example, technology, brands, designs, statistics, WIPO standards, IP classification systems and IP laws and treaties".To make sure it was working properly, the IPKat searched the resource for 'ipkat' and found a reassuring number of hits. Alas, he couldn't find Merpel ...


Just referred to the Court of Justice for a preliminary ruling is Case C-125/10 Merck & Co Inc v Deutsches Patent- und Markenamt, in which the German Bundespatentgericht simply asks: "Can a supplementary protection certificate for medicinal products be granted if the period of time between the filing of the application for the basic patent and the date of first authorisation for marketing in the Community is shorter than five years?". Also referred is Case C-140/10 Greenstar-Kanzi Europe NV v Jean Hustin and Jo Goossens, in which the Hof van Cassatie van België (Belgium) seeks a ruling on the questions:
"1. Should Article 94 of Council Regulation ... 2100/94 ... Community plant variety rights, as amended ..., read in conjunction with Articles 11(1), 13(1) to 13(3), 16, 27 and 104 ..., be interpreted in such a way that the holder or the person enjoying the right of exploitation may bring an action for infringement against anyone who effects acts in respect of material which was sold or disposed of to him by a licensee of the right of exploitation if the limitations in the licensing contract between the licensee and the holder of the Community plant variety right that were stipulated to apply in the event of the sale of that material were not respected?
2. If so, is it of significance for the assessment of the infringement that the person effecting the aforementioned act is aware or is deemed to be aware of the limitations thus imposed in the said licensing contract?"

Oh, well, oh well... these "ever-so-cheeky-advertisers"...
ReplyDelete