IIC - International Review of Intellectual Property and Competition Law

http://link.springer.com/journal/40319

List of Papers (Total 217)

“Bicycle”

1. The impossibility of carrying out an invention must be understood both in technical and commercial terms. Impossibility is characterised by insurmountable difficulties, while problems in putting the invention to practice are incumbent on the licensee.  2. Where the licensing agreement entitles the licensee to pursue all pending patent applications outside France, the licensee...

“Christian Dior”

In accordance with the principles established by the European Court of Justice in its decision of 23 April 2009 (case C-29/08), the breach of a clause in the trade mark licensing agreement according to which a sale of the goods to discounters is forbidden, gives rise to a case of trade mark infringement rather than just a case under breach of contract.

“Georgetown University”

1. In circumstances such as those in the main proceedings, where, on the basis of a basic patent and a marketing authorisation for a medicinal product consisting of a combination of several active ingredients, the patent holder has already obtained a supplementary protection certificate for that combination of active ingredients, protected by that patent within the meaning of...

“Majtczak v. Feng Shen Technology and OHIM”

In accordance with the judgment in the Chocoladenfabriken Lindt & Sprüngli case, bad faith on the part of an applicant for registration of a Community trade mark, within the meaning of Article 51(1)(b) of Regulation No 40/94, must be assessed globally, taking into account all factors relevant to the circumstances of the case. The factors which should be taken into account include...

“Lift Multi-Group Control System”

If the person skilled in the art is aware of the possibility of overlaying the control of a number of technical devices (here two or more groups of lifts) with an overall control system, there is as a rule an occasion for making use of the obvious possibilities that this creates to optimise the controls, including to the extent that such is not described in the state of the art.