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06 July 2012
Issue: 7521 / Categories: Case law , Law digest , In Court
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Trade marks

Oracle America Inc (formerly Sun Microsystems Inc) v M-Tech Data Ltd [2012] UKSC 27, [2012] All ER (D) 180 (Jun)

The case law of the Court of Justice of the European Union differentiated between: (i) cases where the goods had not previously been marketed in the EEA by the proprietor or with his consent and the proprietor was seeking to exercise his rights under Art 5 of the Directive in circumstances where his rights were not yet exhausted under Art 7.1; and (ii) cases governed by Art 7.2, where the goods were legitimately in circulation within the EEA but the proprietor nevertheless claimed to have “legitimate reasons” to oppose their “further commercialisation”. In contrast to the position in relation to the exercise of the proprietor’s extended right under Art 7.2 which might, depending on the facts, engage the principle of free movement of goods, the court considered that that principle was incapable of restricting the right of a trade mark proprietor to prevent the first marketing within the EEA of goods imported from outside the EEA. Where

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

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Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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