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The CJEU rulings of 30 January 2014 on TRIPS: If you don’t want to get the wrong answer, don’t ask the wrong question

On 30 January 2014 the Court of Justice of the European Union (“CJEU”) handed down two Decisions in response to two preliminary rulings sought by the same Greek Court that referred the questions answered by the CJEU in its Judgment of 18 July 2013 (Case C‑414/11, Daiichi Sankyo Co. Ltd, Sanofi-Aventis Deutschland GmbH v DEMO Anonimos Viomikhaniki kai Emporiki Etairia Farmakon). In this case, the Greek Court, which was hearing a matter involving a patent that had been granted on 21 October 1986, sought the guidance of the CJEU on whether under Articles 27 and 70 of the TRIPs Agreement a patent protecting a process to obtain a pharmaceutical product would protect the product as such after t [...]

Special Alcoholic Drink, Multimember District Court Athens (Polymeles Protodikio Athinon), 29 April 2011

The District Court held a patent entitled “Special Alcoholic Drink” invalid, due to lack of novelty and clarity as a non-enabling disclosure. Furthermore, the Court dismissed the invalidity action filed against the Patent Office, holding that it was neither the inventor nor the patent holder and also because it had only taken into account the requirements in accordance with Greek law in its decision to grant the patent. Therefore, this decision could only be challenged in this respect before the administrative court.

A summary of this case will be posted on http://www.KluwerIPCases.com

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The World Patent and the World Patent Litigation System

Imagine: Wouldn’t it be fantastic to have one single patent which you could apply for at the WPO, the World Patent Office? A World Patent, which would be valid worldwide and which could be enforced in each single country of the world with worldwide effect? Decisions of the national local chambers of the World Patent Court (WPC) could be appealed at the WPSGC, the World Patent Global Supreme Court. Wouldn’t this be a major breakthrough in improving IP protection and decreasing patent costs for the industry?

Well as always, the problem comes with the details: Shall the system allow distinguishing between first, second and third World Patents? Will there be an exemption for extraterrestrial [...]

Palaiochorinos S.A. v. Papanastasiou, Court of Appeal Thessaloniki (Εφετειο Θεσσαλονικης), 20 February 2009

The Thessaloniki Court of Appeal held in nullity proceedings that the patent, covering ornamental light devices, lacked both novelty and inventive step. The patented subject matter was found to be known in the market and circulating in trade prior to the date of filing the application for patent protection.

Click here for the full text of this case. A summary of this case will be posted on http://www.KluwerIPCases.com.

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Patent Licence Rights, Supreme Court (Monomeles Protodikio Athinon), 5 February 2007

The question at issue was whether a verbal preparatory agreement between the parties on a patented invention had given rise to a valid license agreement and ensuing entitlement to damages.

The Supreme Court affirmed an earlier Court of Appeals decision, for the most part, by finding that a (patent) license agreement must be in written form in order to have legal effect and that the claimed consequential / compensatory damages cannot be justified by law, with the exception of incidental damages for costs actually incurred in contemplation of the license agreement.

Click here for the full text of this case. A summary of this case will be posted on http://www.KluwerIPCases.com.

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