Source: All England Reporter
Publisher Citation: [2001] All ER (D) 23 (Sep)
Court: Court of Justice of the European Communities
Judge:

Judges Rodríguez Iglesias (President), Gulmann, La Pergola, Wathelet and Skouris (Presidents of Chambers), Edward (Rapporteur), Puissochet, Jann, Sevón, Schintgen, Macken, Colneric, von Bahr, Cunha Rodrigues and Timmermans
Judgment Dates: 13 September 2001

Catchwords

European Community - Trade mark - Infringement - 'Provisional measures' - International agreement - Direct applicability - Application to proceedings in which decision not yet given at time when agreement entered into force in state concerned - Conditions governing fixing of time limit for institution of instant proceedings - Calculation of that time limit - Agreement on Trade-Related Aspects of Intellectual Property Rights, art 50.

The Case

(1)Where the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPs Agreement) became applicable in the member state concerned at a time when the court of first instance had heard the case but not yet delivered its decision, art50 of the agreement was applicable to the extent that the infringement of intellectual property rights continued beyond the date on which the agreement became applicable with regard to the Community and the member states.

Practice Areas

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