Mon, 02/05/2018 (All day)
On 1 February 2018, the General Court rendered a judgment in case T-105/16 cancelling a decision by the EUIPO’s Board of Appeals in invalidity proceedings initiated by Philip Morris (hereinafter, PMI), and ordering the Board of the EUIPO to rule again on the conflict. The Court ordered the Board to take into full account the probative value of the evidence that the latter had previously disregarded with the argument that it had been submitted for the first time during appeal proceedings and was consequently inadmissible. The Court ruled that article 76 EUTMR and Rule 50(2) EUTMIR do not allow for late evidence when it is not supplementary, but admitted the appeal based on the application of general principles of the law and, in particular, sound administration. The Court considered that there were sufficient grounds for an exception to the applicable legal provisions of the EUTMR and the EUTMIR in this case. The EUIPO and the intervener were ordered to bear the costs. This decision is welcome news after lengthy proceedings that began several years ago.
Laura Alonso and Alicia Martín of the Madrid office have represented Philip Morris since the filing of the appeal before the EUIPO Board of Appeals and before the General Court.
The judgment can be found here: http://bit.ly/2DZGjFk
In the landmark Philips Nokia judgement of 1 December 2011 (joined cases C 446/09 and C 495/09) the CJEU responded to a referral by the Antwerp Court of First Instance that in the context of an infringement action it is up to the holder of the intellectual property right to demonstrate that the allegedly infringing goods are intended to be put on sale in the European Union.
The EUIPO has released its long awaited “Study on legislative measures related to online IPR infringements”, Carina Gommers and Stephanie Hermoye drafted the Belgian submission on civil measures.
Juan José Marín, Full Professor of Civil Law and founder of the Law Offices of Juan José Marín, brings his intellectual property expertise to HOYNG ROKH MONEGIER, where he will lead the copyright practice group.
Fabienne Brison is pleased to announce the publication of the 4th edition of "Huldeboek/Hommage à Jan Corbet: Het Belgische auteursrecht. Artikelsgewijze commentaar / Le droit d'auteur belge. Commentaire par article", published by Larcier.
Luis Fernández-Novoa Valladares from our Madrid office recently published an article on the new Spanish Patent Act in the Journal of Intellectual Property Law & Practice (JIPLP) and an article about damages which was published in Spanish in the January-April edition of the “Comunicaciones en Propiedad Industrial y Derecho de la Competencia”.