Bloomsbury IP/IT Law Briefing: May Teaser

CJEU rules in trade mark cases

Two recent CJEU judgments arose from referrals from the Bundesgerichtshof (Federal Court of Justice) in Germany.

Case C‑642/16 Junek Europ-Vertrieb GmbH v Lohmann & Rauscher International GmbH & Co. KG (ECLI:EU:C:2018:322, 17 May 2018) is the latest in a very long line of cases to address trade mark exhaustion and repackaging of pharmaceutical products. This particular dispute concerned ‘sanitary preparations for medical purposes and medical dressings’. The Bundesgerichtshof asked the CJEU to clarify whether the principles of prior notice and the provision of specimen packaging established regarding parallel imports of pharmaceutical products also apply in cases involving medical devices.

The judgment in Case C-148-17, Peek & Cloppenburg KG, Hamburg v Peek & Cloppenburg KG, Düsseldorf (ECLI:EU:C:2018:271) arose in a long and complex dispute between the two parties, who owned the marks PuC and PUC respectively. Questions were referred concerning a declaration a posteriori that the national marks owned by P & C Hamburg in Germany, which it had previously surrendered, were void. These national marks were the basis of seniority claims for an EU trade mark owned by P & C Hamburg.

Other developments covered this month

The EU General Data Protection Regulation (GDPR) [2016] OJ L 119 applies in all EU member states from 25 May 2018. This brings significant changes to the management of personal data, and all organisations need to be well prepared.

In the UK, the hearing in the Unwired Planet v Huawei appeal took place over five days from 18 to 23 May before Lord Justice Kitchin, Lord Justice Floyd and Lady Justice Asplin. This is an appeal of the judgment given by Mr Justice Birss last year (Unwired Planet International Ltd v Huawei Technologies Co. Ltd & Anor (Rev 2) [2017] EWHC 2988 (Pat) (30 November 2017)). The outcome of the case will have significant implications for FRAND licensing throughout the world, and also for multi-jurisdictional cases more generally.

The IP/IT Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.

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