The PI judge in the District Court of The Hague held that under certain circumstances, provisional cross-border jurisdiction can be derived from art. 31 Regulation (EC) 44/2001, which would require a…
Introduction
The Court of Justice of the European Union last year delivered a decision on the impact of the GAT/LuK decision on jurisdiction in preliminary infringement proceedings (Solvay/Honeywell)…
The uninterrupted transit of goods designated with a trademark that is protected in Germany does not constitute an infringement of the trademark right according to German law. Should the trademark be…
Note on High Court, 27 November 2012, Actavis/Eli Lilly
Introduction
Last year the English Supreme Court in a copyright case held that there is no doubt that the modern trend is in favour of the…
Miquel Montana’s preliminary comments on the decision of the English High Court in Actavis v Eli Lilly [27th November 2012] provide interesting food for thought.
Since some readers may not be…
On 27 November 2012, the Honourable Mr Justice Arnold surprised the European patent community with an unprecedented decision (Actavis Group HF and Eli Lilly & Company; Medis EHF and Eli Lilly &…
The CJEU decided yesterday that a negative declaratory action seeking to establish the absence of liability in tort, delict, or quasi-delict does fall within the scope of the "place of tort" pursuant…
One of the remedies available to intellectual property owners introduced by what is known as the Enforcement Directive was the publication of the judgment where infringement is declared. This remedy…
The Court of Appeal held that Roche c.s. infringed the patent. Test results regarding the allegedly infringing product were admitted as evidence because Roche's arguments were held insufficient to…
