European Court of Justice
The European Court of Justice (CJEU) has ruled that Christian Louboutin’s famous red sole does not consist solely of a shape that significantly increases the value of a product, and therefore can be registered as a trademark. This is an important victory for the fashion designer in the long-running battle concerning red-soled shoes.
Earlier this year, the European Commission scored an important success in its campaign against intra-EU Bilateral Investment Treaties. The CJEU’s judgment in the Achmea case1 confirmed the Commission’s standpoint that a system that allows an investor from one EU Member State to challenge in international arbitration measures taken against its investment by another, host EU Member State, is incompatible with EU law.
On 28 June 2018 the advocate general at the European Court of Justice issued an opinion regarding a request for a preliminary ruling from an Irish court on whether the judicial authority executing a European arrest warrant against a citizen of a different EU member state is required to postpone execution of the warrant in order to determine whether there is a real risk of breach of the right to a fair trial in the issuing state due to deficiencies in the system of justice of the issuing state.
The issue of limits on construction of new on-shore wind turbines was examined by the CJEU. Have technical provisions been introduced without notification of the European Commission, and does this mean that Polish courts are required to refuse to apply them?
Designs of products or parts of products are protected if they are new and the overall impression they make differs from designs know to the public up until that time. Certain features, determined solely by the technical function of the product, are not protected. Until now there were various interpretations as to what in fact determines that a particular feature is solely a result of the product function. The issue was clarified in a recent CJEU judgment.
On 5 February 2018 the CJEU issued long-awaited judgments in three cases in one day concerning release to third parties of medicinal product registration documentation. These rulings confirm the European Medicines Agency’s current data transparency policy. How are conflicting interests weighed regarding release of medicine registration data?