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The Legal 500 Hall of Fame Icon The Legal 500 Hall of Fame highlights individuals who have received constant praise by their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession. In Europe, Middle East and Africa, the criteria for entry is to have been recognised by The Legal 500 as one of the elite leading lawyers for seven consecutive years. These partners are highlighted below and throughout the editorial.
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Denmark > Legal Developments > Intellectual Property > Law firm and leading lawyer rankings

Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Life in life sciences in October – November 2011

Life sciences
Danish companies in the life sciences sector formed strategic alliances, were granted product approvals and took other initiatives in October and November 2011. Norrbom Vinding provides you with an overview of events:

Does A also include A + B?

Patents
A German state court recently held that a supplementary protection certificate granted for the substance A also protected the combination of A+B. This may benefit a Swiss pharmaceutical company.

SPCs and combination products

Patents
All active ingredients in a pharmaceutical product must be specified in the patent claims to extend patent protection by means of a supplementary protection certificate.

Licensed apples

by Tom Bork Petersen

Patents
The EU Court has now established once and for all that the doctrine of exhaustion under EU law also applies to plant varieties.

The watch that got seized in customs

by Søren Christian Søborg Andersen

Trademarks

A private consumer bought a Rolex copy on the internet. But he never received the watch for it was seized by Customs in accordance with the EU Customs Regulation

An avid POG player

Designs
A small metal disc could not be registered as a Community design because a more than averagely observant consumer would not see the metal disc as having individual character.

Life in life sciences in August and September 2011

Life sciences
Danish companies in the life sciences sector formed strategic alliances, were granted product approvals and took other initiatives in August and September 2011. Norrbom Vinding provides you with an overview of events:
 

The crown jewel of thermal carafes

Copyright and media
The Danish Supreme Court sided with Alfi, ruling that a competitor fell foul of the Danish Marketing Practices Act by selling thermal carafes that were slavish reproductions and very close imitations of Alfi’s Juwel carafe.

Who missed the time-limit?

Patents
A Danish university was not liable for damages although it decided too late not to commercially exploit an invention made by one of its research scientists. For the research scientist himself should have tried to avoid his loss.

Finnish cognac? No, thank you!

Trademarks
Cognac is an area in France – not in Finland. That was the reason why the EU Court did not allow a Finnish spirits manufacturer to call its product ’cognac’.

Why settle for the Netherlands?

Patents
The Hague District Court recently issued an interim injunction against the marketing and sale of Samsung’s Galaxy smartphone. The interim injunction was issued at Apple’s request and covers the Netherlands and a number of other European countries.

Better homes and gardens

Trademarks
A trademark was so banal as to be unregistrable, according to the General Court.

A spider caught in its own net

Copyright and media
The Court of Appeal of England and Wales recently ruled that newspaper headlines collected via a spider may be copyrighted material.

A not so free bet

Patents
The Swiss Supreme Court recently ruled in favour of a generic manufacturer, but also ordered it to pay costs to the patent holder. For only when the patent holder had sought an interim injunction did the generic manufacturer state that it would not market its generic copy.

You'll do the packing, we'll take the credit

Trademarks

It was okay for a parallel importer of pharmaceutical products to label itself ‘repackager’ although the products were actually repackaged by another company.

DNA sequence patents … a sigh of relief

Patents
The US Court of Appeals has ruled that isolated DNA sequences are patentable. But the issue will most likely only be finally determined when the US Supreme Court has ruled.

Not ‘Under my umbrella’

Trademarks
Two insurance businesses could each have an umbrella in their trademark. There was no reason to fear that consumers would confuse the two trademarks.

Minus 3 months and 2 weeks

Patents
The EU Advocate General says that supplementary protection certificates can be issued with a negative term. This will benefit pharmaceutical companies in some cases.

No fee, no patent

Patents
An unfortunate mistake with a date cost a patent holder its patent in Denmark.

Oops! - wrong address

Data protection
Letters containing sensitive personal data sent to the wrong address, emails sent without encryption, and disclosure of personal identification numbers without consent. These practices were strongly criticised by the Danish Data Protection Agency.

Life in life sciences in May – July 2011

Life sciences
Danish companies in the life sciences sector formed strategic alliances, were granted product approvals and took other initiatives in May, June and July 2011. Norrbom Vinding provides you with an overview of events:

Adwords again

The Advocate General proposes a more lenient treatment of search ads.

One stop is enough

Trademark holders can be granted an EU-wide interim injunction if they file the application with the proper court.

A question of sulphur

A large Danish pharmaceutical company was right: A UK patent on an intermediate product it used was invalid.

EU patent for the umpteenth time

The European Commission has introduced a proposal for closer cooperation on a common EU patent system. 25 countries are expected to vote in favour of the proposal.

A thousand times no!

A manufacturer of puzzle books could not use the number '1000’ as its trademark because the number could be seen as descriptive of the product. And this is not allowed.

Life in life sciences in March and April 2011

Danish companies in the life sciences sector formed strategic alliances, were granted product approvals and took other initiatives in March and April 2011. Norrbom Vinding provides you with an overview of events:

One patent – many languages

Collaboration between the European Patent Office and Google will make patent searching easier, quicker and more efficient.

A hefty punch from the EU Court

The EU Court of Justice recently said that the plans for a common European patent litigation system are incompatible with the EU treaties.

About prostate enlargement and hair loss

0.05-1.0 mg ”finasteride” against hair loss. The UK and French courts could not agree if this dose was patentable.

Welcome on the front page – but not on the internet

A newspaper was not entitled to post photographs on the internet although the original agreement entitled the newspaper to keep and use the photographs.

Difficult to breed patents

The EPO recently decided that plant breeding methods are not patentable even if based ‎on biotechnology.‎

Short and sweet

IBM for computers and M! for magazines. Short word marks are catchy. Now it may become easier to have very short trademarks registered.

The battle for the golden elephants

A Chinese rice importer was not allowed to register a Community trademark because it was similar to a competitor’s mark. The registration was contrary to UK law, according the General Court.

ECCO was sidetracked

ECCO could not file a complaint against a competitor's domain name administrator. The battle for the name ‘eccodiscount.com’ had to be fought directly with the competitor

 

Just press ’record’!

The ECJ has approved the use of ’blank media levies’ as a means to ensure that musicians and writers receive reasonable compensation when their works are copied by consumers.

Anti-depressants led to damages for the UK

It cost the UK EUR 33.25 million to breach EU law in a case concerning marketing authorisation of an anti-depressant.

One interim injunction against two parties in the same judicial district

In one and the same proceeding, a patent holder successfully applied for an interim injunction against two competitors who were infringing its patent and design.

Divisional patent applications can be filed until expiry of appeal period for the parent application

The final body of appeal of the European Patent Office recently established that divisional patent applications may be filed during the appeal period for the parent application even if the applicant eventually decides not to appeal the refusal of the parent application.

Kitchen handles were too ordinary

The Copenhagen Maritime and Commercial Court was not convinced that long stainless steel kitchen handles could be copyright or design protected. They were simply too ordinary.

From bean to flour

When soybeans are made into flour, the DNA sequences that make the beans Roundup resistant lose their effect. Therefore, importing the flour to the European Union did not infringe the patent.

Lego toy brick before the ECJ

The well-known three-dimensional shape of the Lego toy brick cannot be protected as a Community trademark. So said the European Court of Justice in a recent judgment.

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