IIC - International Review of Intellectual Property and Competition Law

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

List of Papers (Total 202)

“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 ...

“Köck”

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No. 2006/2004 of the European Parliament and of the Council ...

“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.

Reverse Payments – Life After Actavis

On its face, the United States Supreme Court’s opinion in Federal Trade Commission (FTC) v. Actavis seemed to contain the elements of a straightforward antitrust indictment: a dominant drug company paid potential rivals millions of dollars not to compete at the cost of public access to cheaper medicine. The interests of these rivals, once aligned with those of the public, have been ...

“Daiichi Sankyo and Sanofi-Aventis Deutschland”

Article 27 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, constituting Annex 1C to the Agreement establishing the World Trade Organization (WTO), signed at Marrakesh on 15 April 1994 and approved by Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of ...

“Encryption Process” (Verschlüsselungsverfahren)

The mere fact that from a technical point of view the use of a method disclosed in the patent application (here an encryption process) must be followed by a further process (here a decryption process) in order to achieve a technically and commercially practical result does not, as a rule, necessarily lead to the conclusion that the further process is disclosed as being part of the ...