Tags: Intellectual Property
Champagne: in victory, one deserves it!
On 21 December 2020, the Opposition Division of the EUIPO rejected the registration application for the ‘CHAMPAWS’ trade mark for pet beverages because it evoked the ‘CHAMPAGNE’ PDO.
Precaution is not enough – CJEU finds that Cannabidiol (CBD) is not a narcotic drug
The legal status of CBD, a naturally occurring compound found in the cannabis plant, is murky. The Court has ruled that CBD is not a narcotic drug and that the principles of free movement apply.
Can a parallel importer rebrand generic medicines?
If a branded medicine and its generic version are put on the EEA market by economically-linked undertakings, is a parallel importer then allowed to rebrand and repackage the imported generic version as the branded reference medicine?
Reimbursement of medicinal products in times of pandemics and budgetary constraints: why quick fixes do not work
With national governments scrambling to take measures in order to counter the Covid-19 pandemic, we are again confronted with the fact that a EU common policy in the healthcare field is quasi inexistent.
CJEU sheds light on the “Country of Origin” concept
In the run-up to the entry into force of specific rules on country of origin labelling for primary ingredients, the CJEU has recently clarified both the concept of the “country of origin” under the FIC Regulation and its interplay with other regulations such as the Regulation on the common organisation of the agricultural products markets and the Union Customs Code.
New Belgian Act on medicinal product shortages
On 3 February 2020, the Belgian Act of 20 December 2019 amending various legal provisions concerning shortages of medicinal products was published in the Belgian State Gazette.
Patenting blockchain
While much has been written already regarding blockchain and its many exciting applications for the future, not much has been said on how you can adequately and legally protect your blockchain once it has been developed.
The new Plant Health Regulation is ready to take off as of 14 December 2019
Pests threaten plant health. To fight the increased risks owing to the further globalisation of trade and climate change, the European legislature has adopted measures concerning the determination and reduction of risks imposed by pests: Regulation 2016/2031.
Belgian Constitutional Court annuls new export prohibition for full-line wholesalers but new legislative proposals are already put forward
On 17 October 2019, the Belgian Constitutional Court annulled the export prohibition for wholesaler-distributors, which was introduced by Article 3, 2° of the Act concerning the unavailability of medicinal products of 7 April 2019.
New research exemption under Belgian patent law?
On 19 December 2017, the legislative package on the implementation of the UPC was approved by Belgian Parliament.
Drastic times call for ex parte interim measures
In Belgium, a preliminary injunction is rarely granted on an ex parte basis. Adversarial debates are considered as a cornerstone of legal proceedings, and one is entitled to deviate from this principle only in the case of so-called ‘absolute necessity’.
Anti-tampering devices : fading boundaries of parallel trade?
On 9 February 2019, a legislative package aimed at fighting medicines falsifications will enter into force across the EU.