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ECJ rules that reputation in one EU member state may constitute “reputation in the Community”
- McDermott Will & Emery
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- Austria, European Union
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- December 31 2009
In a reference from the Austrian Supreme Court, the European Court of Justice (ECJ) has ruled that for the purposes of Article 9(1)(c) of the Community Trademark Regulation (4094EC), reputation in a single member state of the European Community may be considered to constitute a substantial part of the territory of the Community
Non-profit-making organisation and “genuine use ”
- McDermott Will & Emery
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- Austria
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- February 27 2009
On a reference for a preliminary ruling in Verein Radetzky- Orden v Bundesvereinigung Kameradschaft 'Feldmarschall Radetzky' 2007 C-42207 to determine whether a non-profitmaking organisation can make 'genuine use' of a trade mark, the European Court of Justice (ECJ ) held that the fact that a charitable organisation does not seek to make a profit does not mean that its objective cannot be to create and preserve an outlet for its goods or services
“Unwellcome” news for drugs companies
- McDermott Will & Emery
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- Austria, European Union
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- November 25 2008
Following a reference from the Supreme Court of Austria to the European Court of Justice (ECJ), the Advocate General, in The Wellcome Foundation Ltd v Paranova Pharmazeutica Handels GmbH 2008 C-27605, has addressed the question of the repackaging and parallel importation of pharmaceuticals
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- Workarea - Intellectual Property
- Firm Name - McDermott Will & Emery
- Jurisdiction - Austria