Mon, 04/09/2018 (All day)
HOYNG ROKH MONEGIER obtained a favorable first-instance decision on the merits on behalf of Essity Operations France (formerly known as SCA Tissue France) against INDUSTRIE CARTARIE TRONCHETTI IBÉRICA S.L. (ICT).
On 26 March 2016, the Barcelona Commercial Court No. 1 issued a first-instance decision declaring that the offering and manufacturing by ICT of several models of toilet paper products infringes Essity’s patent rights. The Court fully upheld Essity’s complaint on patent infringement and entirely dismissed ICT’s invalidity counterclaim.
Thus, ICT has been ordered to cease the manufacturing, importing, offering and commercialization of its toilet paper products FOXY SEDA, FOXY BOUQUET, LANTA 3 CAPAS, DIA PREMIUM, AUCHAN SUPREME and AUCHAN FLORAL in Spain. Furthermore, the Court ordered – as requested by Essity – the seizure and destruction of any remaining infringing products, the destruction of all equipment and materials intended for the manufacturing of the infringing toilet paper products, compensation for Essity for damages caused, payment of the costs of the proceedings, and the publication of the judgment in two main Spanish newspapers.
This decision may be subject to appeal.
Luis Fernández-Novoa, Laura Cantero and Mar Conde represented Essity Operations France in this matter.
On 27 November 2018 the Court of Appeal of The Hague in the Netherlands reversed the first instance court’s decision, confirming the validity of AstraZeneca’s patents on their breast cancer drug Faslodex® and reinstating the earlier injunction against Sandoz in PI proceedings.
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.