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Showing posts with the label Treaty on the Functioning of the European Union

Unregistered Community Designs - Beverly Hills Teddy Bear Company v PMS International Group Plc

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Standard YouTube Licence Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Beverly Hills Teddy Bear Company v PMS International Group Plc   [2019] EWHC 2419 (IPEC) Art 267 of the Treaty on the Functioning of the European Union provides: "The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning: (a) the interpretation of the Treaties; (b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union; Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court to give a ruling thereon. Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before...

Supplemental Protection Certificates - Eli Lilly and Co. v Genentch Inc

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Court of Justice of the European Union Autho r Cedric Puisney Licence CC NY 2.0   Wikipedia Jane Lambert Patents Court (Mr Justice Arnold)  Eli Lilly And Company v Genentech, Inc  No. 2 [2019] EWHC 388 (Pat) (1 March 2019)   One of the issues before Mr Justice Arnold when he tried Eli Lilly and Company and others v Genentech, Inc [2019] EWHC 387 (Pat) (1 March 2019) was whether Genentech was entitled to a supplemental protection certificate ("SPC"). A guidance note from the IPO published on 16 May 2014 and last updated on 27 June 2019 describes an SPC as a "form of IP that extends the protection of patented active ingredients present in pharmaceutical or plant protection products." The policy behind SPCs is as follows: "Pharmaceutical or plant protection products need regulatory approval to be sold in the UK and must obtain: a marketing authorisation or product licence If your patent protects the active ingredients used in t...