TY - JOUR
AU - Thiering, Frederik
AB - 300 FROM GRUR INT. Journal of Intellectual Property Law & Practice, 2015, Vol. 10, No. 4 Cases before the CJEU and the BGH on trade mark law since 2013 (part II) Frederik Thiering* the importer wished to use a new external packaging, he Exhaustion (Section 24 of the Trade bore the burden of proof of the necessity. Mark Act) Putting on the market by the proprietor or Genuine use (Section 26 of the Trade with his consent (Section 24(1) of the Trade Mark Act) Mark Act) Use as a trade mark In the primarily copyright-related Used-Soft II decision, the BGH held that there may also be exhaustion under In Probiotik the appeal court assumed that a trade mark trade mark law under Section 24(1) of the Trade Mark had not been genuinely used where it had been applied Act, and Article 13(1) of the CTMR, where “used soft- to the narrow side of product packaging in notices ware licences” (i.e. the transfer of the right to download such as “The unique combination of Probiotik and copies of a program via the internet) are sold. The Praebiotik ” and “Low allergy nutrition with a unique w w defence of exhaustion 
TI - Cases before the CJEU and the BGH on trade mark law since 2013 (part II)
JF - Journal of Intellectual Property Law & Practice
DO - 10.1093/jiplp/jpv028
DA - 2015-04-20
UR - https://www.deepdyve.com/lp/oxford-university-press/cases-before-the-cjeu-and-the-bgh-on-trade-mark-law-since-2013-part-ii-v3WR15c6YP
SP - 300
EP - 309
VL - 10
IS - 4
DP - DeepDyve
ER -