Will European Stem Cell Ruling Stifle Research?
My commentary on patenting stem cell techniques was published by LexisNexis and is available to view here.
Latest news and views tagged CJEU
RSSEuropean Court advisor in SAS v WPL case says functions of software program can be copied but not the underlying code
SAS had developed analytical software called the SAS System over a number of years and was a giant in the market for software that enabled users to carry out analysis of data. One key element was its own...
European Court says Belgian Internet service provider does not have to block content that may infringe copyright – Scarlet v SABAM, European Court of Justice
Scarlet, a Belgian Internet service provider, should not be required to block the content of its website users as a measure to prevent them from infringing copyright in music belonging to Sabam’s music...
OHIM and European Union General Court should have considered whether wine bottle was distinctive enough for trade mark protection – Freixenet SA v OHIM, European Court of Justice
Freixenet applied to register the features of a wine bottle as a European Community Trade Mark. In particular, it claimed the colour “golden matt” and described the trade mark as a “white polished...
L’Oréal battle with eBay worth it as ECJ delivers stunning victory for the cosmetics brand in battle against trade mark infringers – L’Oréal v eBay, European Court of Justice
Some two years ago, the High Court ruled that eBay would not be jointly liable for trade mark infringements by its users who sold infringing products on its website. However, the ruling was referred to...
ECJ allows national law to stop registration of famous people’s names even after they have sold their Community Trade Mark rights – Edwin v OHIM, European Court of Justice
Elio Fiorucci, the fashion designer, sold the creative rights including his trade marks to Edwin. Edwin later registered "ELIO FIORUCCI" as a European Community Trade Mark. Fiorucci asked for the mark...
UK blank media firms may have to pay copyright levy for private copying in other EU States – Stichting de Thuiskopie v Opus Supplies Deutschland GmbH, European Court of Justice
The European Court of Justice has issued a judgment that would mean that UK suppliers of blank CDs and other recording media could have to pay a copyright levy on any sales that they make into any European...
Supplier must replace faulty goods that consumer installed even if cost of doing so is disproportionate to original supply – Weber v Wittmer, Putz v Medianess Electronics, European Court of Justice
The European Union Directive on Certain Aspects of the Sale of Consumer Goods and Guarantees provides for consumers anywhere in the EU to have rights for goods to be repaired or replaced or have money...
Free-to-air sports under threat again as FIFA and UEFA appeal
FIFA and UEFA recently lost a claim in the European General Court in which they had intended to prevent the broadcast of the football World Cup and European Championships on television in the UK as free-to-air-events....
European Court adviser says Belgian Internet service provider does not have to block content that may infringe copyright
Scarlet, a Belgian Internet service provider, should not be required to block the content of its website users as a measure to prevent them from infringing copyright in music belonging to Sabam’s music...
