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Repackaged pharmaceutical products do not need to bear repackager’s name – Orifarm v Merck, European Court of Justice

29 July 2011 | Paul Gershlick

Orifarm were parallel importers of Merck’s pharmaceutical products, importing products that had been legitimately put onto the market of another European Union Member State. Merck objected to the fact...

Tags on this discussion: consent EEA EU EU law EU trade mark Europe European Economic Area European Union European Union Directive European Union law infringement Intellectual property intellectual property law intellectual property rights International IP IP infringement IPR marketing authorisation marketing authorisation holder parallel import parallel importing pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical industry pharmaceutical market pharmaceutical products pharmaceutical sector trade mark trade mark directive trade mark infringement trade marks trade marks directive unauthorised

Israel’s data protection laws ‘adequate’ for data export from EU

14 February 2011 | Mark Weston

Israel’s data protection laws have been deemed to be ‘adequate’, according to the European Commission. Under the European Union’s Data Protection Directive, unless a country’s data protection...

Tags on this discussion: adequate protection data data controller data export data processor data protection data protection act data protection directive Data Provider data security data subject EEA EU Europe European Commission European Community European Economic Area European Union Israel personal data

European Commission sends clear message with €650m fine to non-EEA LCD cartel

13 December 2010 | Paul Gershlick

The European Commission has sent a very clear message to businesses around the world that they can be fined huge amounts for breaching EU competition law. The European competition law regulator fined six...

Tags on this discussion: anti-competition anti-competitive anti-trust Article 101 Article 81 cartel Chapter I Prohibition commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law Competition Act competition law Computers contract contracts EC Treaty EEA EU Europe European Commission European Economic Area European Economic Areae European Union fine hardware horizontal agreement monitors price price fixing televisions TFEU Treaty Treaty on the Functioning of the European Union

Air cargo carriers fined €800m for price fixing

17 November 2010 | Paul Gershlick

The European Commission has fined 11 air cargo carriers a combined €800m for their part in a six year price fixing cartel. The carriers had co-ordinated fuel surcharges and security. The Commission gave...

Tags on this discussion: anti-competition anti-competitive anti-trust cartel commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition law EEA EU Europe European Commission European Economic Area European Union fine illegal price price fixing unlawful

Israel becomes an ‘adequate’ data protection nation

8 November 2010 | Mark Weston

Data can now be transferred to Israel freely without breaching European Union data protection law. Israel is the seventh country to have its data protection regime approved by the EU. Formal approval is...

Tags on this discussion: adequate protection data data export data protection data protection act data protection directive data security EEA EU Europe European Commission European Economic Area European Union Information Commissioner's Office infringement Israel personal data privacy privacy principles safe harbor safe harbour

Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal

1 September 2010 | Paul Gershlick

M-Tech bought for resale second-hand computer hardware of Sun Microsystems. Oracle (which has since taken over Sun’s business) objected on the basis that the goods had not been put on the market within...

Tags on this discussion: brand brand protection branding brands CJEU competition law consent Court of Appeal Court of Justice of European Union Court of Justice of the European Union EC Treaty ECJ EEA EU EU law Europan Union Europe European Court of Justice High Court Intellectual property intellectual property rights IP parallel import parallel importing summary judgment trade mark trade mark infringement Trade Marks Act unauthorised unlawful

Parallel importer not brand owner has burden of proving that goods were on the market with brand owner’s consent – Honda v David Silver Spares, High Court

10 August 2010 | Paul Gershlick

DSS was the leading supplier of spare parts for Honda motorbikes. Honda alleged that DSS was infringing its registered trade marks by importing and supplying Honda branded parts which had not been put...

Tags on this discussion: brand branding brands EEA EU European Economic Area European Union exhaustion of rights High Court illegal infringement Intellectual property intellectual property rights IP parallel import trade mark trade mark infringement trade marks unlawful

Government launches public consultation on data protection laws

14 July 2010 | Paul Gershlick

The Government has launched a consultation with the public to ask for their opinions on the country’s data protection laws and whether the position can be improved. The consultation has a wide remit...

Tags on this discussion: data data controller data protection data protection act data protection directive data subject EEA EU EU law European Commission European Union ICO Information Commissioner's Office

Goods with label saying ‘Not For Sale’ and ‘Demonstration’ could not be sold in EEA without owner’s consent – Coty Prestige v Simex Trading, European Court of Justice

11 June 2010 | Mark Weston

Coty made and marketed perfumes under its trade marks such as Lancaster and Joop! It used a selective distribution system to sell those goods. Simex was not an authorised seller but it had provided goods...

Tags on this discussion: consent Court of Justice of the European Union EEA EU European Court of Justice European Economic Area European Union infringement Intellectual property intellectual property rights IP trade mark trade mark infringement trade marks unauthorised

European Commission updates data export laws to take account of sub-contracting in outsourced processing

18 February 2010 | Paul Gershlick

Under the EU’s Data Protection Directive, personal data cannot be transferred out of the European Economic Area unless there is adequate protection of the data. One way of ensuring adequate protection...

Tags on this discussion: data data controller data processor data protection data protection act EEA European Commission European Economic Area export exporter import importer outsourcing personal data service provider subcontract

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Latest news and views tagged EEA

Repackaged pharmaceutical products do not need to bear repackager’s name – Orifarm v Merck, European Court of Justice

Israel’s data protection laws ‘adequate’ for data export from EU

European Commission sends clear message with €650m fine to non-EEA LCD cartel

Air cargo carriers fined €800m for price fixing

Israel becomes an ‘adequate’ data protection nation

Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal

Parallel importer not brand owner has burden of proving that goods were on the market with brand owner’s consent – Honda v David Silver Spares, High Court

Government launches public consultation on data protection laws

Goods with label saying ‘Not For Sale’ and ‘Demonstration’ could not be sold in EEA without owner’s consent – Coty Prestige v Simex Trading, European Court of Justice

European Commission updates data export laws to take account of sub-contracting in outsourced processing

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