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Elena Martini Elena Martini

The ECJ on market exclusivity for orphan drugs

On 3 March 2016, the European Court of Justice (ECJ) issued its decision in C-138/15 P, Teva v. European Medicines Agency (EMA) dealing with orphan drugst (of which we already talked here on this blog).

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For the EGC the shape of Coca-Cola’s new bottle cannot be registered as a Community trademark

The European General Court (“EGC”), in its ruling of 24 February 2016, rejected the action brought by The Coca-Cola Company (herein “Coca-Cola”) against the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (“OHIM”), confirming the rejection of the application for a three-dimensional Community trademark consisting of the shape of its new contour bottles.

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The Community trademark sheds its skin: the most significant changes introduced by Regulation (EU) no. 2015/2424

On 24 December 2015, Regulation (EU) no. 2015/2424 was published. This Regulation enters into force on 23 March 2016 and − together with Directive (EU) no. 2015/2436  − significantly changes the current European legislation on trademarks, reforming part of Regulation (CE) no. 207/2009 on Community trademarks. The latter will change its name to “European Union trademark” and the current Office for Harmonization in the Internal Market (OHIM) will change its name to “European Union Intellectual Property Office” (EUIPO).

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Regulation (EU) no. 524/2013: the ODR platform for online dispute resolution between consumers and traders will now go live

Since 9 January – the date on which most of Regulation (EU) no. 524/2013 became applicable – disputes concerning online sales and service contracts concluded between consumers resident and traders established in the Union have a new Alternative Dispute Resolution (ADR) tool: the European online dispute resolution (ODR) platform, operational as of 15 February 2016 and available at the following website http://ec.europa.eu/consumers/odr/.

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Elena Martini Elena Martini

The Milan IP Court on the infringement of a patent relating to jeans, the dealer’s responsibility and compensation of damages

With sentence no. 472 of 14 January 2016, the IP Court of Milan (Judges Mr Marangoni, Mrs Dal Moro and Mrs Giani) granted patent protection to a particular pair of jeans that can “enhance and shape the forms of the wearers, with particular reference to the gluteus area”, and ordered the defendants to return the profits derived from the sale of infringing goods.

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Elena Martini Elena Martini

The “Sorgente” glasses violate the copyright on a bottle by Lovegrove

On 1 December, the IP Court of Milan issued a judgment (no. 13487/2015) which granted copyright protection to a particular bottle designed by Ross Lovegrove, which was considered infringed by the glasses named “Sorgente” which are manufactured and commercialised by an Italian well-known company.

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Lotto vs. Max Mara: a complex graphic pattern reproducing a figurative trademark does not constitute infringement per se, according to the Italian Supreme Court

On 3 November the Italian Court of Cassation ruled in the matter of alleged infringement of a figurative trademark reproduced by a third party within a complex graphic pattern used for ornamental purposes. In particular, the Court of Cassation rejected the appeal against a second instance ruling in which the Court of Appeal of Turin – confirming an earlier decision of the first instance court – ruled out the likelihood of confusion between an Italian figurative trademark owned by Lotto Sport Italia S.p.A (consisting of the iconic double lozenge) and an allegedly identical sign serially reproduced within a graphic pattern on the surface of some clothes and bags designed by Max&Co, a brand belonging to the Max Mara Fashion Group.

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