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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
Cases opened against Austria and Belgium for restricting free movement of students
- McDermott Will & Emery
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- Austria, Belgium, European Union
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- January 26 2007
The European Commission has sent letters of formal notice to Austria and Belgium alleging restrictions of access to their higher education systems
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
Ownership and operation of pharmacies can be restricted to pharmacists alone
- McDermott Will & Emery
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- Austria, European Union, Germany
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- May 22 2009
In two recent cases, Commission v Italy and Apothekerkammer des Saarlandes and Others, the European Court of Justice (ECJ) found that the Italian and German legislation providing that only pharmacists may own and operate a pharmacy, is justified by the objective of ensuring that the provision of medicinal products to the public is reliable and of good quality
“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 - Litigation
- Firm Name - McDermott Will & Emery
- Jurisdiction - Austria