IIC-Vol.29No.1-1998

IIC International Review of Intellectual Property and
Competition Law
Volume 29
No. 1/1998/
Pp. 1-138
Contents
Articles
Ulrich Schatz
29 (1998)
Patentability of Genetic Engineering Inventions in
European Patent Office Practice
Willy Alexander
Intellectual Property and the Free Movement of
Goods - 1996 Case Law of the Court of Justice
Indunil Abeyesekere
Copyright Law and Practice in Sri Lanka
Decisions
EU
Court of Justice of the European
Communities November 4, 1997
"Dior v. Evora" - Trademark rights and copyright -
Action brought by owner of those rights to stop
reseller advertising further commercialization of
goods - Case No. C-337/95 - Parfums Christian
Dior SA and Parfums Christian Dior BV v. Evora
BV
EU
Court of Justice of the European
Communities November 11, 1997
"Sabèl" - Approximation of laws relating to trade
marks - Likelihood of confusion. Likelihood of
association - Case No. C-251/95 - Sabèl BV v. Puma
AG, Rudolf Dassler Sport
"Polymer Powders" - Inventive step - Combination

EPO
Technical Board of Appeal 3.3.3 February
14, 1996
"Polymer Powders" - Inventive step - Combination
of physical and compositional features not in
accordance with prior art teaching - Problem
solution approach - Late filed material confirming
evidence previously submitted - Limits on
investigative function of Boards of Appeal - Rule
71a EPC - Case No. T 39/93 - SNF Floerger v.
Allied Colloids Limited
EPO
Technical Board of Appeal 3.3.4
May 8, 1996
"Modifying Plant Cells" - Support by description -
Fair generalisation - Sufficiency of disclosure -
Case No. T 694/92 - Unilever N.V. et al. v. Mycogen
Plant Science, Inc.
EPO
Technical Board of Appeal 3.2.1
June 20, 1996
"Identification of Real Opponent" - Opposition
filed by professional representative acting on his
own behalf and with avowed purpose of
supplementing his professional training -
Admissibility of opposition - Presumption
established by Art. 99(1) EPC that real opponent is
the person who lodged the opposition - Case No. T
798/93 - Lohr Industrie v. Umberto Monti, Ing.
EPO
Technical Board of Appeal 3.4.1
July 10, 1996
"Amended Divisional Application" - Feature added
to claim of divisional application - Amended
claimed combination within protection claimed in
parent and divisional application as filed - Case
No. T 873/94 - In re Kabushiki Kaisha Toshiba
EPO
Technical Board of Appeal 3.4.1
October 1, 1996
"Gas Laser Device" - Opponent need only
substantiate opposition ground against single
claim of each request on file - Case No. T 926/93 -
Siemens AG v. Mitsubishi Denki Kabushiki Kaisha
EPO
Legal Board of Appeal December 4, 1996
"Suspension of Proceedings" - Parties to appeal
against decision rejecting request for suspension of
grant proceedings - Case No. J 28/94 - In re
Soludia, S.A.
United Kingdom
Court of Appeal
November 9, 1995
"Aumac's Patent" - Right to sue for invalidity of
European patent - In re Aumac Limited's Patent
"Zeneca" - Date of applicability of TRIPs

Brazil
Ninth Federal Court, Rio de Janeiro July 30,
1997
"Zeneca" - Date of applicability of TRIPs
Agreement - Period of protection - Case No.
97.0003260-4 - Zeneca Limited v. Patent Director,
INPI - Instituto Nacional da Propriedade Industrial
Comment by Gustavo Starling Leonardos
South Africa
Supreme Court (Appellate Division)
August 27, 1996
"McDonald's" - Passing off - Protection of
well-known foreign marks without domestic use -
Definition of "well known" - Case No. 547/95 -
McDonald's Corporation v. Joburgers Drive-In
Restaurant (Pty) Limited and Ors
Austria
Supreme Court
April 25, 1995
"Wirobit" - Trademark assignment - Rights of
assignee - Infringement by advertising in foreign
trade journal - Case No. 4 Ob 3/95
Germany
Federal Supreme Court
July 6, 1995
"Filling Material" - Telle-quelle protection -
Distinctiveness within meaning of Art.
6quinquiesB, Paris Convention - Case No. I ZB
27/93
United Kingdom
House of Lords
July 24, 1996
"Shevill" - Applicable law in case of torts - Shevill
and others v. Presse Alliance SA
Sweden
Supreme Court
February 22, 1996
"Bulletin Board Services" - Copyright protection
for bulletin board software Comment by Gunnar
W.G. Karnell
Germany
Federal Supreme Court
April 18, 1996
"Wooden Chairs" - Design protection for chairs -
Case No. I ZR 160/94
Australia
Federal Court of Australia (Full Court)
October 30, 1996
"Weight Watchers Programs" - Compilation of
information from the public domain - Earlier
unfair use - Skybase Nominees Pty Ltd and
Another v. Fortuity Pty Ltd
Book reviews
From GATT to TRIPs - The Agreement on

Friedrich-Karl Beier & Gerhard Schricker
(eds.)
From GATT to TRIPs - The Agreement on
Trade-Related Aspects of Intellectual Property
Rights
Sam Ricketson
Romuald & Margarete Singer & Raph
Lunzer
The European Patent Convention: Revised English
Edition
David C. Musker
Horst Peter Götting
Persönlichkeitsrechte als Vermögensrechte
Dieter Stauder