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ARTICLE · 09 SEPTEMBER 2010

IP Bulletin – Bumper Summer Edition: August 2010

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

Charles Russell Speechlys LLP

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The court has followed the Advocate General’s opinion on questions referred to the ECJ by the Dutch court on the provisions of the EC Biotechnology Directive (98/44).

United KingdomIntellectual Property
Patrick Gearon FCIArb
Patrick Gearon FCIArb
Vicky Butterworth
Vicky Butterworth
Robin Bynoe
Robin Bynoe
Hamish Corner
Hamish Corner
Natalie Elsborg
Natalie Elsborg
Mary Medyckyj
Mary Medyckyj
Kate O'Rourke
Kate O'Rourke
Jennifer Pierce
Jennifer Pierce
Alice Proby
Alice Proby

CASES FROM JULY 2010

KEY CASES AND DEVELOPMENTS

  • AstraZeneca AB and AstraZeneca plc v Commission, EU General Court - abuse of dominant position. This case was an appeal by AstraZeneca to the General Court against a decision of the European Commission which had fined AstraZeneca EUR60 million for abuse of its dominant position by patent misuse. The court mainly upheld the Commission's decision, but reduced the fine to EUR52.5 million.
  • SAS Institute Inc v World Programming Ltd, High Court – Software Directive reference to ECJ. The High Court has made a reference to the ECJ concerning the interpretation of the Software Directive. The precise wording of the questions has not yet been finalised.

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