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References to the European Court of Justice

2013

Read down the first column to find the case number and across a row for the parties and legislation involved, details on the pre-hearing and information on the hearing outcome.
Case and subject Parties Legislation Pre-hearing Hearing and after
C-670/13 P External Link (Trade Marks)
An appeal to the Court of Justice against the judgment of the General Court in case T-285/12. External Link
THE CARTOON NETWORK, INC. V OHIM Articles 36 and 53 of the Statute of the Court of Justice of the EU

Article 8(1) (b) and Article 75 of the Community Trade Mark
Comments by 07 March 2014

Deadline for UK to lodge observations with the ECJ
01 April 2014
 
C-669/13 P External Link (Trademarks)
An appeal against the judgment in case T-328/12 External Link on the grounds of a likelihood of confusion between the marks at issue.
Mundipharma GMBH v OHIM Article 8(1)(b) of Regulation No 207/2009 Comments by 3 April 2014

Deadline for UK to lodge observations with the ECJ
2 May 2014
 
C-661/13 External Link (Patents)
A request for a preliminary ruling in a case concerning the circumstances in which relevant exemptions in respect of experimental use of patented products may extend to the supplier of those products to a third party.

Questions referred to the Court of Justice of the European Union
ASTELLAS PHARMA INC Article 10(6) of Directive 2001/83 Comments by 11 February 2014

Deadline for UK to lodge observations with the ECJ
08 April 2014
 
C-631/13 External Link
A request for a preliminary ruling concerning an application for a patent protection certificate with respect to a substance (Protein D) which is present in an authorised medicinal product.

Protein D is covalently bound to some pneumococcal polysaccharides in medicinal product Synflorix, which is authorized as a pneumococcal vaccine. Protein D is acting as a carrier in Synflorix but is an active ingredient in vaccines against Haemophilus influenza bacteria. The question arises whether an SPC for protein D may be granted based on the authorisation for Synflorix which does not specify the therapeutic effect of protein D but refers to it as a carrier protein.

Questions referred to the Court of Justice of the European Union
FORSGREN Article 1(b) and Article 3(a) and (b) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal product Comments by 24 January 2014

Deadline for UK to lodge observations with the ECJ
24 March 2014
 
C-622/13 P External Link (Trade Marks)
An appeal against the judgment in case T-320/10 External Link in which the Appellant claimed that the application should have been dismissed as inadmissible because of the ‘abus de droit’ committed by the other party.

In addition the General Court violated Article 7 (1) (c) CTMR in that it applied erroneous legal criteria in determining that the Appellant's mark was improperly registered.
CASTEL FRÈRES SAS v OHIM Article 7 (1) (c) CTMR Comments by 7 February 2014

Deadline for UK to lodge observations with the ECJ
7 March 2014
 
C-582/13 P External Link (Trade Marks)
An appeal against the judgment in case T-437/11 External Link on the grounds of the General Courts infringement of Article 8(1)(b) and Article 8(5) of the Community Trade Mark Regulation.
Intra-Presse v OHIM Article 8(1)(b) CTMR

Article 8(5) CTMR
Comments by 7 February 2014

Deadline for UK to lodge observations with the ECJ
7 March 2014
 
C-581/13 P External Link (Trade Marks)
An appeal against the judgment in case T-448/11 External Link on the grounds of the General Courts infringement of Article 8(1)(b) and Article 8(5) of the Community Trade Mark Regulation.
Intra-Presse v OHIM Article 8(1)(b) CTMR

Article 8(5) CTMR
Comments by 7 February 2014

Deadline for UK to lodge observations with the ECJ
7 March 2014
 
C-577/13 External Link (Patents)
A request for a preliminary ruling in a case where the referring UK High Court asks a series of multi-part questions concerning the application of Regulation 469/2009 concerning the supplementary protection certificate for medicinal products

Questions referred to the Court of Justice of the European Union
ACTAVIS GROUP ET ACTAVIS Article 3(a) of the Regulation Comments by 10 January 2014

Deadline for UK to lodge observations with the ECJ
27 February 2014
 
C-572/13 External Link (Copyright)
A request for a preliminary ruling in a case which concerns a Belgian law by which a levy must be applied against devices sold to the Belgian government for remunerating authors and publishers of works copied.

It is argued that the Belgian law is incompatible with EU law as "remuneration" in the Belgian legislation is not consistent with that of "fair compensation".

Questions referred to the Court of Justice of the European Union
HEWLETT-PACKARD BELGIUM Articles 5(2) (a) and 5(2) (b) of Directive 2001/29/EC Comments by 24 December 2013

Deadline for UK to lodge observations with the ECJ
20 February 2014
 
C-539/13 External Link (Patents)
A request for a preliminary ruling in a case concerning the importation into the UK from Poland of a drug by the defendant. The claimant states that the importation of the drug in question was an infringement of the Claimant companies' rights covered by a Supplementary Protection Certificate.

The filing date of the application for the Patent was prior to the date when Poland introduced patent protection for pharmaceutical products under its laws, and the application date for the SPC was before the date when SPCs could be applied for under the laws of Poland.

Questions referred to the Court of Justice of the European Union
MERCK CANADA ET MERCK SHARP AND DOHME Article 267 of the Treaty on the Functioning of the European Union ("TFEU") Comments by 27 November 2013

Deadline for UK to lodge observations with the ECJ
27 January 2014
 
C-535/13 External Link (Trade Marks)
A request for a preliminary ruling in a case which concerns the consent of parallel imports of products manufactured in Thailand, which are intended by the applicant to be put on the market in Asia, not in the EEA.

It is an order which seeks to prohibit the defendant from importing, holding, advertising, distributing for sale and selling the applicant's products which were first put into circulation outside the EEA.

Questions referred to the Court of Justice of the European Union
HONDA GIKEN KOGYO Article 7 of Directive 2008/95 and Article 13 of Regulation (EC) No 207/2009 Comments by 06 December 2013

Deadline for UK to lodge observations with the ECJ
3 February 2014
 
C-521/13 P External Link (Trade Marks)
An appeal against the judgment in case T-208/12 External Link

The grounds of the appeal are;
1. Infringement of the right to be heard.
2. Failure to have regard to the failure to state reasons.
3. Failure to have regard to the significance of the principle of ex proprio motu investigation.
4. Incorrect interpretation and application of Article 7(1) (b) of the Community Trade Mark Regulation (CTMR)
THINK SCHUHWERK GMBH v OHIM Article 7(1)(b) of the Community Trade Mark Regulation Comments by
6 December 2013

Deadline for UK to lodge observations with the ECJ
2 January 2014
 
C-516/13 External Link (Copyright)
A request for a preliminary ruling in a case concerning the distribution rights under Article 4(1) of Directive 2001/29/EC including the right to offer the original or copies of the work to the public for sale

Questions referred to the Court of Justice of the European Union
DIMENSIONE DIRECT SALES ET LABIANCA Article 4(1) of Directive 2001/29/EC Comments by 11 November 2013

Deadline for UK to lodge observations with the ECJ
8 January 2014
 
C-509/13 P (Trade Marks)
An appeal against the judgment in case T-197/12 on the grounds that the Court misinterpreted the services covered by the mark in question, and failed to assess the marks as a whole. The Court also delivered conflicting judgments in cases involving the same parties and where similar marks were at issue.
Metropolis Inmobiliarias y Restauraciones, SL v OHIM Article 8(1) (b) of Regulation 20/2009 Comments by 02 December 2013

Deadline for UK to lodge observations with the ECJ
27 December 2013
 
C-495/13 P External Link (Trade Marks)
An appeal against the judgment in case T-206/12 which concerns the registration of the figurative mark in colour, including the word elements 'LIBERTE American blend' against a blue background, for goods in Class 34.
GRE GRAND RIVER ENTERPRISES DEUTSCHLAND GMBH v OHIM Article 8(1)(b) of Regulation (EC) 207/2009 Comments by 22 November 2013

Deadline for UK to lodge observations with the ECJ
19 December 2013
 
C-494/13 P External Link (Trade Marks)
An appeal against the judgment in case T-205/12 which concerns the registration of the figurative mark in colour, including the word elements 'LIBERTE American blend' against a blue background, for goods in Class 34.
GRE GRAND RIVER ENTERPRISES DEUTSCHLAND GMBH v OHIM Article 8(1)(b) of Regulation (EC) 207/2009 Comments by 22 November 2013

Deadline for UK to lodge observations with the ECJ
19 December 2013
 
C-490/13 P External Link (Trade Marks)
An appeal to the Court of Justice against the judgment of the General Court in case T-106/12.

The grounds for appeal are: the General Court infringed Article 65(6) of the Community Trade Mark Regulation (1) and Article 1 (d) (1) of Regulation 216/96 (2) regarding the measures taken by OHIM to comply with the judgment of the General Court

(b) The General Court infringed the principle of legal certainty, as well as Article 17 of the EU Charter of Fundamental Rights.
CYTOCHROMA DEVELOPMENT, INC v OHIM Article 65(6) of the Community Trade Mark Regulation (1) and Article 1 (d) (1) of Regulation 216/96 (2)

Article 17 of the EU Charter of Fundamental Rights.
Comments by 16 December 2013

Deadline for UK to lodge observations with the ECJ
09 January 2014
 
C-468/13 P External Link (Trade Marks)
An appeal to the Court of Justice against the judgment of the General Court in case T-367/12 External Link.

The grounds of the appeal include infringement of Article 44 of the Rules of Procedure and Article 21 of the Statute, infringement of the Community Trade Mark Regulation and settled case law, and a failure to make a clear and separate assessment of the aspects of visual, aural and conceptual similarity.
MOL MAGYAR OLAJ-ES v OHIM Article 44 of the Rules of Procedure and Article 21 of the Statute of the Court of Justice. Article 65(2) of the Community Trade Mark Regulation Article 135 (4) of the Rules of Procedure Comments by 5 December 2013

Deadline for UK to lodge observations with the ECJ
2 January 2014
 
C-466/13 P External Link (Trade Marks)
An appeal to the Court of Justice against the judgment of the General Court in case T-89/12 External Link.
Repsol SA, v OHIM   Comments by 7 november 2013

Deadline for UK to lodge observations with the ECJ
6 December 2013
 
C-458/13 External Link (Copyright)
A request for a preliminary ruling in a case concerning an adaptor designed to circumvent copyright protection on a handheld video game console.

Questions referred to the Court of Justice of the European Union
GRUND E.A. Article 12(a) of Directive 2001/29/EC Comments by 18 October 2013

Deadline for UK to lodge observations with the ECJ
5 December 2013
 
C-448/13 P External Link (Trade Marks)
An appeal to the Court of Justice against the judgment of the General Court in case T-515/11 External Link regarding the rejection of the CTM application 'INNOVATION FOR THE REAL WORLD.'
Delphi Technologies, Inc. v OHIM Article 7(1)(b) of the Community Trade Mark Regulation Comments by 7 November 2013

Deadline for UK to lodge observations with the ECJ
6 December 2013
 
C-445/13 P External Link (Trade Marks)
An appeal against the judgment in case T-178/11 External Link regarding a request for a declaration of invalidity lodged in respect to the Community trade mark ("CTM shape mark"), registered by Voss.
Voss of Norway ASA v OHIM Article 7 (b) of the Community Trade Mark Regulation Comments by 5 December 2013

Deadline for UK to lodge observations with the ECJ
2 January 2014
 
C-441/13 External Link
A request for a preliminary ruling regarding a claim by a photographer based in Vienna for infringement of copyright in photographs by a company based in Dusseldorf. The applicant believes that the Vienna courts have jurisdiction as the website on which the photographs were published by the Defendant is accessible in Vienna.

Questions referred to the Court of Justice of the European Union
PEZ HEJDUK Article 5(3) of Council Regulation (EC) No 44/2001 Comments by 26 September 2013

Deadline for UK to lodge observations with the ECJ
26 November 2013
 
C-421/13 External Link(Trade Marks)
A request for a preliminary ruling in a case concerning an application for the domestic extension of protection for a 3D trade mark which was registered internationally for services in Class 35 (retail store services), described as 'distinctive design and layout of a retail store'.

The application was refused on the grounds that it was devoid of distinctive character.

Questions referred to the Court of Justice of the European Union
APPLE Article 2 of Directive 2008/95/EC Comments by 16 September 2013

Deadline for UK to lodge observations with the ECJ
12 November 2013
 
C-420/13 External Link (Trade Marks)
A request for a preliminary ruling in a case concerning the registration of a word/figurative sign as a trade mark. The application was refused on the basis that the services were not clearly and precisely distinguishable from other services in substance or scope.

Questions referred to the Court of Justice of the European Union
NETTO MARKEN DISCOUNT Article 2 of Directive 2008/95/EC Comments by 16 September 2013

Deadline for UK to lodge observations with the ECJ
12 November 2013
 
C-419/13 (Copyright)
A request for a preliminary ruling regarding a claim by Art & Allposters International. Allposters used the works of those within pictoright by altering and reproducing them on canvas. Allposters argues that the work has been significantly altered and has been disseminated to the public in a different form; therefore Allposters does not infringe the copyright of the rightholders.

Questions referred to the Court of Justice of the European Union
ART & ALLPOSTERS INTERNATIONAL Article 4 of Directive 2001/29/EC (the Copyright Directive)

Comments by the 30 September 2013

Deadline for UK to lodge observations with the ECJ
26 Nov 2013

 
C-415/13 P External Link (Trade Marks)
An appeal against the judgment in case T-19/12. The grounds of the appeal relate to a mistaken finding by the General Court that the Appellant’s trade mark was similar to the trade mark of the intervener and that consequently there was a likelihood of confusion on the part of the public.
FABRYKA LOZYSK TOCZYNCH-KRASNIK SA v OHIM Article 8(1) (b) of Regulation No 207/2009 Comments by 4 October 2013

Deadline for UK to lodge observations with the ECJ
31 October 2013
 
C-414/13 P External Link (Trade Marks)
An appeal against the judgment in case T-530/10 External Link on the grounds that the General Court incompletely assessed the factual basis in this case.
REBER HOLDING GMBH & CO KG v OHIM Community trade mark Regulation 40/94 Comments by 25 October 2013

Deadline for UK to lodge observations with the ECJ
22 November 2013
 
C-412/13 P External Link (Trade Marks)
An appeal against the judgment in case T-378/11 External Link concerning a claim for seniority of earlier marks in the context of an application for registration of a figurative sign as a Community trade mark
FRANZ WILHELM LANGGUTH ERBEN KG v OHIM Article 34 of Council Regulation (EC) No 207/2009

Article 75 of Regulation No 207/2009

Article 77 of Regulation No 207/2009
Comments by 25 October 2013

Deadline for UK to lodge observations with the ECJ
22 November 2013
 
C-411/13 P External Link (Trade Marks)
OHIM seeks that the contested judgment of the General Court in case T-249/11 be set aside, and substituted by a fresh judgment due to an infringement of Article 8(1)(b) of Regulation 207/2009 on the Community trade mark.
OHIM v Sanco Article 8(1)(b) of Regulation 207/2009 Comments by 20 September 2013

Deadline for UK to lodge observations with the ECJ
17 October 2013
 
C-374/13 P External Link (Trade Marks)
An appeal against the decision in case T-284/11. The grounds of the appeal are that the Court erred in assessing the comparison of the signs, did not take into account applicable case law, lacked coherence with other Office resolutions, and did not deal with pacific coexistence between other trade marks.
METROPOLIS INMOBILIARIAS Y RESTAURACIONES, SL v OHIM Article 8.1 (b) of Regulation 207/2009 on the Community Trade Mark Comments by 16 September 2013

Deadline for UK to lodge observations with the ECJ
10 October 2013
 
C-364/13 External Link
A request for a preliminary ruling in a case concerning two patents relating to human stem cells. The patent applications were refused on the grounds that the inventions disclosed in the patent applications were excluded from patentability.

The case questions what is meant by the term "human embryos" in Article 6(2)(c) of Directive 98/44/EC on the Legal Protection of Biotechnological Inventions.

Questions referred to the Court of Justice of the European Union
INTERNATIONAL STEM CELL CORPORATION Article 6(2)(c) of Directive 98/44/EC Comments by 22 August 2013

Deadline for UK to lodge observations with the ECJ
14 October 2013
 
C-360/13 External Link (Copyright)
A request for a preliminary ruling involving making copies of web pages both on screen and in the internet 'cache' on the hard drive of a computer.

Questions referred to the Court of Justice of the European Union.
PUBLIC RELATIONS CONSULTANTS ASSOCIATION LTD Article 5(1) of Directive 2001/29/EC and Article 2 of that Directive Comments by 12 August 2013

Deadline for UK to lodge observations with the ECJ
10 October 2013
 
C-348/13 External Link
A request for a preliminary ruling in a case which questions the meaning of 'communication to the public' in Article 3(1) of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society

Questions referred to the Court of Justice of the European Union.
BESTWATER INTERNATIONAL Article 3(1) of Directive 2001/29/EC This case has been stayed pending the judgment in case C-466/12: SVENSSON E.A.  
C-345/13 External Link
A request for a preliminary ruling in a case which concerns a claim by a UK retailer that two women's garments designed by it but subsequently copied and sold by an Irish retailer were protected as unregistered Community designs

Questions referred to the Court of Justice of the European Union.
KAREN MILLEN FASHIONS Article 6 and article 85(2) of regulation 6/2002 (The Community Design Regulation) Comments by 13 August 2013

Deadline for UK to lodge observations with the ECJ
10 October 2013
 
C-326/13 P External Link(Trade Marks)
An appeal against the judgment in case T-507/11 relating to the word mark 'Peek & Cloppenburg' for goods in Class 25 and services in Class 35.

The grounds of the appeal are an alleged misinterpretation of the criterion 'confers … the right to prohibit the use of a subsequent trade mark' and the concept 'of more than mere local significance'.
Peek and Cloppenburg v OHIM Article 8(4) of Regulation No 207/2009

Articles 110 and 111 of Regulation No 207/2009, and Article 4(4) (b) of Directive 2008/95/EC
Comments by 05 September 2013

Deadline for UK to lodge observations with the ECJ
04 October 2013
 
C-325/13 P External Link (Trade Marks)
An appeal against the judgment in case T-506/11 relating to the word mark 'Peek & Cloppenburg' for goods in Class 25 and services in Class 35.

The grounds of the appeal are an alleged misinterpretation of the criterion 'confers … the right to prohibit the use of a subsequent trade mark' and the concept 'of more than mere local significance'.
Peek and Cloppenburg v OHIM Article 8(4) of Regulation No 207/2009

Articles 110 and 111 of Regulation No 207/2009, and Article 4(4) (b) of Directive 2008/95/EC
Comments by 05 September 2013

Deadline for UK to lodge observations with the ECJ
04 October 2013
 
C-324/13 P External Link (Trade Marks)
An appeal against the judgment in case T-360/11 and an appeal lodged outside of the period required.
Fercal - Consultadoria e Servicos v OHIM Article 60 of Regulation 207/2009 Comments by 19 September 2013

Deadline for UK to lodge observations with the ECJ
17 October 2013
 
C-308/13 P External Link & C-309/13 P External Link (Trade Marks)

An appeal against the judgments in cases T-336/11& T-337/11 regarding the registration of the mark VICINI on the grounds of a lack of novelty and the possibility of confusion.
Societa Italiana Calzature SpA v OHIM Article 8(1)(b) of Regulation 207/2009 of the Community Trade Mark Comments by 22 August 2013

Deadline for UK to lodge observations with the ECJ
20 September 2013
 
C-301/13 P External Link(Trade Marks)
An appeal against the judgment in case T-571/11.The grounds of the appeal are breach of legal certainty and legitimate expectations, manifest error of assessment, and likelihood of confusion.
EL CORTE INGLES S.A. v OHIM Article 8(1)(b) of Regulation 207/2009 of the Community Trade Mark Comments by 02 August 2013

Deadline for UK to lodge observations with the ECJ
30 August 2013
 
C-292/13 P External Link(Trade Marks)
An appeal against the judgment in case T-571/10 regarding an incorrect assumption that the Appellant's mark is similar to an older Community figurative mark and that there is a likelihood of public confusion
Fabryka Lozysk Tocznych-Krasnik S.A v OHIM Article 8(1)(b) of Regulation No 207/2009 Comments by 08 August 2013

Deadline for UK to lodge observations with the ECJ
06 September 2013
 
C-291/13 External Link
A request for a preliminary ruling in a case that concerns whether domestic legislation is consistent with Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (the Directive).

Questions referred to the Court of Justice of the European Union.
PAPASAVVAS E.A Directive 2000/31/EC Comments by 25 July 2013

Deadline for UK to lodge observations with the ECJ
14 September 2013
 
C-285/13 P External Link (Trade Marks)
An appeal against the judgment in case T-277/12 on the grounds of the likelihood of confusion with an existing mark which was not taken into account as a trade mark with reputation but as a well- known trade mark.
BIMBO SA, v OHIM Article 8(1)(b) of Regulation 207/2009 of the Community Trade Mark Comments by 13 September 2013

Deadline for UK to lodge observations with the ECJ
10 October 2013
 
C-279/13 External Link (Copyright)
A request for a preliminary ruling in a case which concerns an appeal against prosecution in Sweden where it was alleged that the Defendant had breached the rights of C More Entertainment to broadcast a webcast of two ice hockey matches and made them available to the public.

Questions referred to the Court of Justice of the European Union.
C MORE ENTERTAINMENT Articles 3(1) and (2), 5(1) and 6 of Directive 2001/29/EC Comments by 08 July 2013

Deadline for UK to lodge observations with the ECJ
05 September 2013

 
C-217/13 External Link & C-218/13 External Link (Trade Marks)
Request for a preliminary ruling in joined cases concerning the interpretation of Directive 2008/95/EC on the approximation of laws regarding the registration of a contourless colour mark (red) as a collective mark for a number of goods and services in the banking/credit industries.

Questions referred to the Court of Justice of the European Union.
OBERBANK AND OTHERS Article 3(1) and (3) of Directive 2008/95/EC Comments by
24 June 2013

Deadline for UK to lodge observations with the ECJ
15 August 2013
 
C-210/13 External Link
The appellant applied for an SPC relating to the product "an oil in water emulsion comprising squalene, DL-α-tocopherol and polysorbate 80", an adjuvant known as AS03. An additional SPC application was filed for a pandemic influenza vaccine containing the adjuvant AS03.

Questions referred to the Court of Justice of the European Union.
Glaxosmithkline Biologicals SA v Comptroller-General of Patents, Designs and Trade Marks Article 1(b) of Regulation 469/2009 Comments by 14 June 2013

Deadline for UK to lodge observations with the ECJ
9 August 2013
 
C-205/13 External Link
A referral from Hoge Raad der Nederlanden - Netherlands concerning shape trade marks and copyright in a high chair for children.

Questions referred to the Court of Justice of the European Union.
Hauck Article 3(1) (e) of Directive 89/104/EEC relating to trade marks ("the Directive") Comments by 14 June 2013

Deadline for UK to lodge observations with the ECJ
9 August 2013
 
C-201/13 External Link
The meaning of the concept of 'parody' in Directive 2001/29/EC. This arises from a challenge by the Applicants against the Defendant, alleging that a drawing fronting a calendar and a political journal and its communication by way of distribution by a Belgian political party, constituted an infringement of their copyright as owners of the exploitation rights of a former Belgian cartoonist and his comic-strip album.

Questions referred to the Court of Justice of the European Union
DECKMYN ET VRIJHEIDSFONDS Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society ('the Directive') Comments by 12 June 2013

Deadline for UK to lodge observations with the ECJ
8 August 2013
 
C-193/13 P External Link (Trade Marks)
An appeal against the judgment in case T-283/11 due to a failure to take into account sufficiently the limited distinctiveness of the element 'fon'.
NFON WIRLESS LTD. V OHIM Article 8(1)(b) of Regulation 207/2009 CTM Comments by 18 July 2013

Deadline for UK to lodge observations with the ECJ
08 August 2013
 
C-177/13 P External Link (Trade Marks)
An appeal against the judgment in case T-159/11 on the grounds of a similarity between trade marks and the possibility that consumers might be misled.
MAREK MARSZALKOWSKI v OHIM Article 8(1) (b) of Regulation No 207/2009 Comments by 06 August 2013

Deadline for UK to lodge observations with the ECJ
30 August 2013
 
C-170/13 External Link
A request for a preliminary ruling in a case concerning the abuse of dominant market position in the field of mobile communications technology.

Questions refered to the Court of Justice of the European Union
HUAWEI TECHNOLOGIES Article 102 TFEU Comments by 31 May 2013

Deadline for UK to lodge observations with the ECJ
20 July 2013
 
C-159/13 P External Link (Trade Marks)
An appeal against the judgment in case T-479/09.

The applicant asks that the judgment be set aside, and seeks a declaration that the applicant's mark remains valid and in force.
FERCAL v OHIM Article 4(1)(b) of Directive 89/104/EEC

Articles 8(4) and 53(1) (c) of Regulation 207/2009 on the Community Trade Mark
Comments by 01 July 2013

Deadline for UK to lodge observations with the ECJ
25 July 2013
 
C-141/13 P External Link (Trade Marks)
This case concerns an appeal against the judgment in case T-355/09 on the grounds of the General Court's interpretation of 'genuine use'
Reber Holding GmbH & Co. KG v OHIM Article 42(2) in conjunction with Article 42(3) of the Community Trade Mark Regulation Comments by 31 May 2013

Deadline for UK to lodge observations with the ECJ
28 July 2013
 
C-126/13 P External Link (Trade Marks)
An appeal against the judgment in case T-625/01 in its decision to partially reject the registration of the mark ‘ecoDoor’ on the grounds of it being descriptive of the goods.
BSH BOSCH AND SIEMENS HAUSGERATE GMBV v OHIM Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 Comments by 26 June 2013

Deadline for UK to lodge observations with the ECJ
18 July 2013
 
2013 EWHC 807 (Ch) External Link
The case concerns an appeal in the UK High Court concerning two patent applications in the name of ISCC both relating to human stem cells. The patent applications were refused by the Intellectual Property Office on the grounds that the inventions disclosed in the patent applications were excluded from patentability under paragraph 3(d) of Schedule A2 to the Patents Act 1977.

The case questions what is meant by the term "human embryos" in Article 6(2)(c) of Directive 98/44/EC on the Legal Protection of Biotechnological Inventions. In particular, what was meant by the ECJ in Case 34/10 Oliver Brüstle v Greenpeace eV [2012] 1 CMLR 41 by the expression "capable of commencing the process of development of a human being"?

Please note that this reference has not been received from the ECJ, but is expected in the near future.
International Stem Cell Corporation "ISCC"and Comptroller General Of Patents Article 6(2)(c) of Directive 98/44/EC on the Legal Protection of Biotechnological Inventions Deadline for UK to lodge observations to be confirmed pending receipt of case details from the ECJ.  
C-117/13 External Link (Copyright)
A request for a preliminary ruling in a case concerning the use of digitalised books which have been made available at electronic reading points in a library.

The Applicant seeks to prohibit the Defendant communicating to the public digitised copies of its works without a licensing agreement for digital use and prohibit the Defendant from enabling users to print out and/or reproduce on USB sticks of its work.

Questions refered to the Court of Justice of the European Union.
TECHNISCHE UNIVERSITAT DARMSTADT Article 5(3)(n) of Directive 2001/29 Comments by 30 April 2013

Deadline for UK to lodge observations with the ECJ
28 June 2013
 
C-98/13 External Link (Enforcement)
A request for a preliminary ruling in a case concerning the purchase in Denmark of a counterfeit wrist watch from a Chinese online store.

The case concerns whether the Chinese online store has infringed copyright and trade mark in Denmark.

Questions refered to the Court of Justice of the European Union
BLOMQVIST Article 4 of Directive 2001/29/EC

Article 9 of Regulation 207/2009

Article 2(1)(a) and 2(1)(b) of Regulation 1383/2003
Comments by
24 April 2013

Deadline for UK to lodge observations with the ECJ
20 June 2013
 
C-70/13 P External Link
An appeal against the judgment of the General Court of 21 November 2012 in Case T-338/11, rejecting the appellants’ attempt to protect PHOTOS.COM on grounds that the words are devoid of distinctive character, that the public interest is not jeopardised by confusion, and that the principle of equal treatment is not infringed.
Getty Images (US), Inc. v OHIM Articles 7(1)(b) and 7(1)(c) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark, and infringement of the principle of equal treatment. Comments by 19th April 2013

Deadline for UK to lodge observations with the ECJ
16 May 2013
 
C-49/13 External Link (Trade Marks)
A request for a preliminary ruling in a case concerning the interpretation of laws for the combined trade marks ‘Mladá fronta DNES’ and ‘MLADÁ FRONTA DNES’

Questions refered to the Court of Justice of the European Union
MF7 Article 3(2)(d) of Directive 2008/98/EC Comments by 18 March 2013

Deadline for UK to lodge observations with the ECJ
15 May 2013
 
C-11/13 External Link (Patents)
The appellant is seeking a supplementary protection certificate for ‘Isoxadifen and the salts and esters thereof’. Isoxadifen is a ‘safener’, that is, a substance added to a product to prevent the harmful action of an herbicide in plants.

The referring Court asks whether such a safener falls within the meaning of the terms ‘product’ in Article 3(1) and Article 1(8), and ‘active substance’ in Article 1(3) of the Regulation.
BAYER CROPSCIENCE Regulation 1610/96.

Article 3(1) and Article 1(8), and ‘active substance’ in Article 1(3) of the Regulation
Comments by 25 February 2013

Deadline for UK to lodge observations with the ECJ
23 April 2013