En nog twee conclusies
- Conclusie AG Jacobs, 24 november 2005, zaak C-421/04, Matratzen Concord AG tegen Hukla Germany SA.
"I would accordingly answer the question referred by the Audiencia Provincial, Barcelona, as follows:
Article 3(1)(c) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that a sign consisting solely of a word or words which denote the product which it covers or describe the kind, quality, quantity, intended purpose, value, geographical origin or other characteristics of the product in the language of one Member State may not be registered as a trade mark in another Member State where a significant proportion of traders in and consumers of that product can reasonably be expected to understand the meaning of the word or words." Lees conclusie hier. (Geen NL tekst beschikbaar).
- Conclusie AG Léger, 24 november 2005 , zaak C-431/04. Massachusetts Institute of Technology. Reference for a preliminary ruling from the Bundesgerichtshof. Rights conferred by a patent – Proprietary medicinal products – Supplementary protection certificates for medicinal products – The term ‘combination of active ingredients of a medicinal product’
"In the light of the above considerations, I suggest that the Court answer the questions referred by the Bundesgerichtshof as follows:
‘The concept of “combination of active ingredients of a medicinal product” within the meaning of Article 1(b) of Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products must be interpreted as meaning that it does not preclude the grant of a supplementary protection certificate to a combination of two substances, one of which is a known substance with pharmacological properties of its own for a specific therapeutic indication and the other is necessary for the therapeutic efficacy of the first substance, for this indication’." Lees conclusie hier. (Geen NL tekst beschikbaar).
