Parallel Imports and Trade Marks: Oracle v M-Tech

The Court of Appeal has ruled that there is an arguable case to suggest that Article 5 of the Trade Mark Directive does not exclude the defences based on Articles 28 and 30 of the EC Treaty where it is shown that the proprietor of a trade mark has adopted practices which distort trade within the single market. The Court set aside a previous ruling granting Oracle summary judgment….

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Editorial

I am only too well aware that my blog posts and editorials often focus on the negative. And very often the negative that I focus on originates in Brussels or Luxembourg. So it is a particular pleasure to be impressed by recent developments and a special surprise (to me at least) that the developments which…

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