Alerts
Alerts archive 2008

European Commission publishes preliminary findings of Pharmaceutical Inquiry - and opens up a hornets' nest

At a conference in Brussels today, the European Commission delivered its preliminary findings on the Pharmaceutical Sector Inquiry.

Advocate General's opinion in Silberquelle v Maselli - Can promotional use of a registered trade mark be "genuine use"?

Advocate General Damaso Ruiz-Jarabo Colomer has provided useful guidance on what constitutes "genuine use" of a trade mark, particularly in relation to advertising and promotional use.

"ZV Snore Solution Spray" product name is misleading says the Advertising Standards Authority

The Advertising Standards Authority has made it clear that a product or brand name (i.e. ZV Snore Solution Spray) can in itself be misleading and, its use in marketing materials, be in breach of the Committee of Advertising Practice Code.

The Court of First Instance prevents Lego from using a trade mark registration to monopolise the technical result achieved by a Lego brick

Lego's community trade mark for the shape of one of its bricks has been held to "consist exclusively of...the shape of the goods which is necessary to obtain a technical result...'.

Car component manufacturers under scrutiny as cartel fines hit record high

Only this month, the European Commission imposed its highest total and individual fines yet on an illegal market-sharing cartel which took place in the car glass manufacturing sector.

Banking update: report and review on recent cases and issues

Unfair Terms in Consumer Contracts Regulations; no time limit on enforcing charging orders; enforcement of an unless order; and the new mortgage arrears pre-action protocol.

Data handling guidelines for local government

Data security breaches can strike any type of organisation at any time. Many local authorities are now giving this area of compliance more scrutiny than in the past.

Causing death by careless driving

One of the aims of the Road Safety Act 2006 is to make roads safer and reduce the number of accidents by discouraging dangerous driving behaviour.

Construction update: report and review of recent cases

This month Wragge & Co's construction experts have reviewed the latest reported adjudication cases.

Germany: patent litigation reform on its way?

The German Federal Government has published proposals for reform which have the potential to drastically alter the nature of patent invalidity litigation in Germany.

Investigation of competition law infringements; what powers do the competition authorities have to conduct a search in my home?

As today's headlines show, there's yet more evidence that the competition authorities will stop at nothing to bring the perpetrators of anti-competitive behaviour to justice.

Conflicting pharmaceutical trade marks

The Court of First Instance has upheld the opposition by Aventis Pharma SA against Nycomed GmbH's application for the Community trade mark PRAZOL (Case T-95/07).

Be careful what you ask for: Servier payout over £17 million to Apotex under a cross-undertaking in damages

On 9 October 2008, Servier was ordered to pay generics company Apotex £17.5 million under a cross-undertaking in damages given by Servier, in exchange for the grant of an injunction.

Enantiomer of a known medicament held inventive and entitled to SPC

Against the backdrop of a number of recent European-wide negative decisions in which the validity of Supplementary Protection Certificates (SPC) was in contention, Daiichi's SPC for its Levofloxacin patent has been upheld.

Arbitration Agreements - are they as secure as you think they are?

Much is often made about arbitration as a preferable alternative to litigation as a form of dispute resolution. Its confidentiality, its flexibility and the relative ease with which arbitration awards can be enforced abroad are some of the cited benefits.

Lessons on chemical classes

In July this year, Wragge & Co's IP team reported on the German Appeal Court decision on Eli Lilly's patent for the anti-psychotic drug olanzapine.

Moral hazard changes on the horizon

The Government has made no secret of its concerns about some innovations in the pensions market and, in particular, alternatives to pensions buy-outs.

Offshoring - is the tide turning?

Property Update - November 2008

Wragge & Co's real estate experts bring you the latest property law issues. Read their comment on these issues and take note of any action points that will help you and your organisation.

Equal Treatment for Agency Workers

After six years of debate, the hotly contested terms of the Temporary Workers Directive were finally approved by the European Parliament on 22 October.

Department of Health publishes guidance on the duty of NHS bodies to involve service users

Important changes to the arrangements for patient and public involvement in the provision of health services under the NHS came into force on 3 November 2008.

Immigration Update - Sponsorship Management System

Wragge & Co has been given a first viewing of the Sponsorship Management System and are now able to guide you through the system, giving you training on how to apply for Certificates of Sponsorship (COS).

The Tribunals, Courts and Enforcement Act

On 3 November 2008 the key provisions of Part 1 of the Tribunals, Courts and Enforcement Act 2007 came into force, quietly revolutionising the administrative justice system.

Common sense prevails?

The House of Lords has overturned the Court of Appeal's ruling in Scottish & Newcastle Plc v Raguz, commenting that the decision of the High Court and the Court of Appeal produced "some remarkably silly consequences".

Property finance update

Three High Court decisions have provided commentary in this property finance update.