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Legal context In Canada, like the USA, exclusions to patentable subject matter are driven primarily by the courts. Two recent decisions by the Canadian Patent Appeal Board (one on patentability of business methods and the other on the patentability of methods of medical treatment) have...
True to form, one of the longest chapters in one of the longest trade mark disputes is to be protracted further following the Court of Appeal's decision, on appeal from the ruling of Mr Justice Norris that Anheuser-Busch was entitled to a declaration that its arch rival Budvar's concurrent...
The ECJ rejected a suggestion put forward by the Dutch Supreme Court (Hoge Raad) that with respect to goods originating within the European Economic Area, the trade mark owner's implicit consent (leading to exhaustion) should not be tested under the strict criteria set out in the Davidoff...
The question whether the use by Google, in its AdWords advertising system, of keywords corresponding to trade marks constituted an infringement of those trade marks has been subjected to a critical powerful analysis by the Advocate General, who concludes that Google did not commit trade mark...
The CFI upheld the opposition by the proprietor of AYGILL's to an application for AGILE, finding that there was a likelihood of confusion in that a low degree of global similarity was offset by the identity of the goods in question.
Following a review of the appropriate legal approach towards establishing lack of inventive step, Glaxo's Irish patent for the product sold as Seretide and Advair was invalidated.
Legal context This article reviews the extent to which European trade mark law permits a proprietor to enforce its trade mark against uses of signs or marks by third parties which do not cause consumer confusion, with a particular focus on the recent decisions of the European Court of Justice...
Legal context. Courts are increasingly recognizing that fundamental rights of freedom of expression, such as enshrined in Article 10 of the European Convention on Human Rights (ECHR), can act as an external constraint on the scope of copyright and remedies for infringement. At the same time,...
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