Bringing you regular news of key developments in European intellectual property law.
持续为您提供欧洲知识产权法律的关键更新.
GENERAL IP
一般知识产权
New Wave CZ, a.s. v Alltoys, spol. S.r.o., CJEU, 18 January 2017
New Wave CZ, a.s.诉Alltoys, spol. S.r.o.案, CJEU, 18 January 2017
The CJEU has held that the right of an IP right holder to obtain information about the infringer’s activities need not be exercised in the main infringement proceedings and can be exercised in a separate claim, despite ambiguous wording in certain national implementing legislation.
For the full text of the decision, please click here.
欧洲法院判决，在国内法规定不明确的情况下，知识产权权利人要求获得侵权人行为信息的权利不必须在侵权诉讼中提出，可以单独提出.
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PASSING OFF
假冒
Bhayani & Anor v Taylor Bracewell LLP [2016] EWHC 3360 (IPEC)
Bhayani & Anor 诉Taylor Bracewell LLP案[2016] EWHC 3360 (IPEC)
Following a summary judgment application, the IP Enterprise Court has held that a solicitor’s reputation does not amount to goodwill to form the basis of a passing off claim. The Court held that there was no reason to depart from the general rule that goodwill generated by employees in the course of their employment vests in the employer and, likewise, goodwill generated in the course of duties carried out within a partnership vests in the partnership. The Court noted, however, that this is not necessarily the case for writers or performers due to the way in which their business is conducted and perceived by the public.
For the full text of the decision, please click here.
欧洲知识产权法院经过简易程序判决，事务律师的个人名声不构成假冒商标侵权中的商誉。法院认为，本案适用一般的良好商誉规则， 即雇员在雇佣关系中产生的良好商誉归于雇主，合伙关系中产生的良好商誉归于合伙方.
法院指出，以上规则不一定对作家或表演者适用，因为这类群体的商业模式和给公众的印象不同.
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PATENTS
专利
Shanks v Unilever Plc and others [2017] EWCA Civ 2
Shanks诉 Unilever Plc and others案 [2017] EWCA Civ 2
The Court of Appeal has upheld the decision of the High Court relating to a case which originally began in 2006. The Court held that an invention made by the Claimant during the course of his employment was not of “outstanding benefit” to his employer (under section 40 of the Patents Act 1977). The Claimant was therefore not entitled to statutory compensation and the appeal was dismissed. The Court declined to give a view on what amount of compensation would have been appropriate had an alternative decision been reached.
For the full text of the decision, please click here.
英国上诉法院维持了初审法院在2006年的判决，上诉人在工作期间的发明成果不属于其雇主的“未完成收益”（根据专利法案第40条）.因此，上诉人不应享受法定的赔偿，上诉驳回。法院并未就在相反判决下可能裁决的赔偿数额发表意见.
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TRADE MARKS
商标
Hummel Holding A/S v Nike Inc and Nike Retail Case C-617/15
Hummel Holding A/S诉Nike Inc and Nike Retail案 C-617/15
The Advocate General has given his opinion, in a case involving the infringement of an EU trade mark, regarding the question of when a non-EU domiciled defendant can be deemed to have an “establishment” in an EU member state for the purposes of Article 97 of Regulation 207/2009.
He has supported a broad interpretation of “establishment” to be “a centre of operations which, in the Member State where it is situated, has the appearance of permanency, such as an extension of the third State parent body”. This would, as in the present case, potentially capture a second-tier subsidiary.
For the full text of the decision, please click here.
总辩护律师日前对涉及欧洲商标侵权的某案件发表了看法，本案涉及如何认定非定居欧洲的被告在《207/2009规章》第97条下构成在欧洲成员国内有“住所”的状态.
该律师认为对“住所”应当采用广义的解释，“住所” 是指“在欧洲成员国内有固定的经营场所，例如是第三国母公司的分支机构。在本案中，这一解释可能会包含二级分支机构.
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