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Jurisdiction of foreign intellectual property rights

Fasken Martineau DuMoulin LLP
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European Union, United Kingdom
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October 25 2011

According to the English Supreme Court, there is a modern trend in favour of the enforcement of foreign intellectual property rights

Sale of decoders for deciphering encrypted foreign broadcasts is legal, rules the Court of Justice of the European Union

Fasken Martineau DuMoulin LLP
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European Union
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October 6 2011

The Court of Justice of the European Union (the "Court") has on Tuesday 4th October 2011 confirmed that the sale in one Member State of decoders designed to decipher encrypted foreign TV broadcasts from another Member State cannot be prohibited in a Member State even if such decoders have been acquired by the purchaser through a false name and address

Substantial changes at the EPO

Fasken Martineau DuMoulin LLP
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European Union
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March 26 2010

A recent decision by the European Patent Office ("EPO") will affect patent applicants seeking protection of pharmaceutical compounds since Swiss-type claims will no longer be permitted

Customs detention

Fasken Martineau DuMoulin LLP
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European Union, United Kingdom
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March 25 2010

In November 2009 the Court of Appeal in Nokia Corporation v Her Majesty's Commissioners of Revenue & Customs referred questions to the ECJ following Nokia's challenge to UK Customs' policy of not detaining suspect counterfeit goods in transit through the UK from one non-EU country to another non-EU country without evidence of diversion on to the EU market

European patents

Fasken Martineau DuMoulin LLP
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European Union
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March 25 2010

In March 2009, the European Commission issued a recommendation to the European Council to authorise the opening of negotiations on a Unified Patent Litigation System - now the European and European Union Patent Court (EEUPC

Supplementary Protection Certificate update

Fasken Martineau DuMoulin LLP
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European Union, United Kingdom
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March 25 2010

In October 2009, the English Court of Appeal referred two questions to the European Court of Justice on Article 13(1) of Regulation No 176892 (now Regulation No 4692009) (the "SPC Regulation") on Supplementary Protection Certificates ("SPCs"

Intellectual property bulletin - review of 2009

Fasken Martineau DuMoulin LLP
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European Union, United Kingdom
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January 22 2010

When we last commented on the proposals for a Community patent and patents court, in our Spring 2008 Update, it was uncertain whether they would survive the arguments over choice of language

The proposed European and EU Patents Court (EEUPC): real progress at last

Fasken Martineau DuMoulin LLP
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European Union
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December 31 2009

The conclusion of the European Patent Convention 1973 (EPC) and creation of the European patent led to a harmonised system for patent applications across Europe

ECJ on generics and pre-EU accession marketing authorisations

Fasken Martineau DuMoulin LLP
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European Union, United Kingdom
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October 26 2009

The European Court of Justice has ruled on whether an applicant for a marketing authorisation can rely on the marketing authorisation of a reference drug if that earlier marketing authorisation does not meet EU standards

European Commission Pharmaceutical Sector inquiry

Fasken Martineau DuMoulin LLP
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European Union
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December 1 2008

On 28 November 2008, the European Commission issued the preliminary report of its Pharmaceutical Sector inquiry