IIC - International Review of Intellectual Property and Competition Law

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

List of Papers (Total 203)

Shielding the Unitary Patent from the ECJ: A Rash and Futile Exercise

The long-promised patent package for the EU has finally come into being by virtue of Decision 2011/167/EU (enhanced cooperation), Regulations 1257/2012 (substantive law) and 1260/2012 (translation arrangements) and of the Unified Patent Court Agreement signed last January (Council Document 16351/12). Whether it will also enter into force remains to be seen. Requirements are the ...

“Misappropriation of Prior Art”

In cases where the plaintiff alleges invalidity of the defendant’s patent because the defendant had misappropriated the invention cited as closest prior art and improved thereupon, the patent should not be regarded as misappropriated only on this ground unless the patented invention is identical to the cited prior art, the more so since such prior art had been publicly known at the ...

English Unfair Competition Law

For over a century, it was generally accepted that England had no law of unfair competition. In this article I shall suggest that it is time to recognise that there is such a thing as English unfair competition law, and I shall explore its place in international and European unfair competition law.

The Function of a Shape as an Absolute Ground for Refusal

The focus of this work will be an analysis of the European conception of the functionality doctrine, which was originally invented and developed by United States’ courts. The central debate revolves around the differing approaches taken by the European Court of Justice and Advocate General Mengozzi in the ECJ’s recent Lego decision, concerning the classification of so-called hybrid ...

“Turning Government Data Into Gold”: The Interface Between EU Competition Law and the Public Sector Information Directive—With Some Comments on the Compass Case

This short article was triggered by the recently delivered preliminary ruling by the CJEU in the Compass case. The case is important since it raises difficult questions regarding when a public sector body should benefit from the application of EU competition law in general and is especially interesting for those public sector bodies that create the essential information needed for ...