More 9 posts of Michael Ritscher

Copyright on product designs finally fully harmonized throughout Europe

The protection of the design of functional and mass produced products by means of copyright has been one of the most controversial subjects in intellectual property law in Europe (and also in the rest of the world). In some jurisdictions, e.g. in the UK and in Ireland, such works have been discriminated by reducing the term of protection. In many other jurisdictions, the threshold for those works…

CJEU Delivers Decision in Sky v. Skykick | Trademark owners still get a (sky)kick out of broad specifications

The much-anticipated Court of Justice of the European Union (CJEU) decision in C-371/18 Sky v. SkyKick was delivered on 29 January 2020. While a source of relief to trademark owners enabling them to continue to file broad specifications on the one hand without having to fear US style sanctions, the decision raises questions as to the practical implications in respect of bad faith being grounds to…

Three-dimensional trademark

General Court overturns decision of EUIPO Board of Appeal: Glass bottle as three-dimensional trademark has distinctive character

In its judgment of 3 October 2018 (T-313/17), the General Court of the EU ruled that an amphora-shaped receptacle may be registered as a three-dimensional trademark for edible oils and beverages. Average consumers are fully capable of perceiving the shape of the packaging as indication of the product’s origin, provided that that shape in question has sufficient characteristics to attract his atte…

Supplementary Protection Certificates

Landmark Decision of the Swiss Federal Supreme Court concerning Supplementary Protection Certificates

The Swiss Federal Supreme Court issued a landmark decision concerning the requirements for Supplementary Protection Certificates (SPCs) for combination products. Until recently, Switzerland stood solid as a rock and defended the so-called infringement test for SPCs for pharmaceutical products containing a combination of active ingredients. The Federal Supreme Court has now ruled that while the in…

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