do-me/EUR-LEX huggingface dataset:
Case T-106/15: Action brought on 25 February 2015 — Opko Ireland Global Holdings v OHIM — Teva Pharmaceutical Industries (ALPHAREN)
Date: 2015-02-25
Institutions: General Court
Subjects: EU trade mark, medicinal product, registered trade mark, trade-mark law








C_2015228EN.01001601.xml










13.7.2015   


EN


Official Journal of the European Union


C 228/16





Action brought on 25 February 2015 — Opko Ireland Global Holdings v OHIM — Teva Pharmaceutical Industries (ALPHAREN)
(Case T-106/15)
(2015/C 228/19)
Language in which the application was lodged: English

Parties


Applicant: Opko Ireland Global Holdings Ltd (Dublin, Ireland) (represented by: S. Malynicz, Barrister, and A. Smith, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal: Teva Pharmaceutical Industries Ltd (Jerusalem, Israel)

Details of the proceedings before OHIM


Applicant: Applicant

Trade mark at issue: Community word mark ‘ALPHAREN’ — Application for registration No 4 320 297

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 26 November 2014 in Case R 2387/2014-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order OHIM to pay its own costs and those of the applicant.





Pleas in law







—


Infringement of Article 1(d)(2) of Regulation No 216/96 in that a member of the Board who took the original 2009 Board of Appeal decision was also a member of the Board that took the contested decision;










—


Infringement of Article 50 of the Implementing Regulation by relying upon new evidence not before OHIM at the first hearing of the opposition;










—


Infringement of Article 8(1)(b) of Regulation No 207/2009 by failing to impose the burden of proof in the opposition to prove the similarity of the goods in issue upon the opponent;










—


Infringement of Article 8(1)(b) of Regulation No 207/2009 in that the Board of Appeal erred in relation to the identification of the relevant public and overall in the assessment of the likelihood of confusion.
Decision of the EEA Joint Committee No 10/2015 of 25 February 2015 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2016/498]
Date: 2015-02-25
Institutions: EEA Joint Committee
Subjects: European Economic Area, approval, handling, hoisting equipment, lift, revision of an agreement, safety standard, technical standard




L_2016093EN.01001701.xml










7.4.2016   


EN


Official Journal of the European Union


L 93/17








            DECISION OF THE EEA JOINT COMMITTEE
         
No 10/2015
of 25 February 2015
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2016/498]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Council Directives 84/528/EEC (1) and 84/529/EEC (2), which are incorporated into the EEA Agreement, were repealed by European Parliament and Council Directive 95/16/EC (3), which is incorporated into the EEA Agreement, and consequently the references to Directives 84/528/EEC and 84/529/EEC should be deleted from the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The text of points 2 (Council Directive 84/528/EEC) and 3 (Council Directive 84/529/EEC) of Chapter III of Annex II to the EEA Agreement are deleted.


Article 2
This Decision shall enter into force on 26 February 2015, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 25 February 2015.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 300, 19.11.1984, p. 72.

(2)  
            OJ L 300, 19.11.1984, p. 86.

(3)  
            OJ L 213, 7.9.1995, p. 1.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 15/2015 of 25 February 2015 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2016/503]
Date: 2015-02-25
Institutions: EEA Joint Committee
Subjects: European Economic Area, drug surveillance, medicinal product, revision of an agreement




L_2016093EN.01002601.xml










7.4.2016   


EN


Official Journal of the European Union


L 93/26








            DECISION OF THE EEA JOINT COMMITTEE
         
No 15/2015
of 25 February 2015
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2016/503]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) No 520/2012 of 19 June 2012 on the performance of pharmacovigilance activities provided for in Regulation (EC) No 726/2004 of the European Parliament and of the Council and Directive 2001/83/EC of the European Parliament and of the Council (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 15zp (Commission Implementing Decision 2012/707/EU) of Chapter XIII of Annex II to the EEA Agreement:







‘15zq.



32012 R 0520: Commission Implementing Regulation (EU) No 520/2012 of 19 June 2012 on the performance of pharmacovigilance activities provided for in Regulation (EC) No 726/2004 of the European Parliament and of the Council and Directive 2001/83/EC of the European Parliament and of the Council (OJ L 159, 20.6.2012, p. 5).’







Article 2
The text of Implementing Regulation (EU) No 520/2012 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 26 February 2015, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 25 February 2015.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 159, 20.6.2012, p. 5.

(*1)  Constitutional requirements indicated.
Case T-98/15: Action brought on 25 February 2015 — Tubes Radiatori v OHIM — Antrax It (Heating radiators)
Date: 2015-02-25
Institutions: General Court
Subjects: EU trade mark, designs and models, heating, registered trade mark, trade-mark law








C_2015138EN.01006001.xml










27.4.2015   


EN


Official Journal of the European Union


C 138/60





Action brought on 25 February 2015 — Tubes Radiatori v OHIM — Antrax It (Heating radiators)
(Case T-98/15)
(2015/C 138/78)
Language in which the application was lodged: Italian

Parties


Applicant: Tubes Radiatori Srl (Resana, Italy) (represented by: S. Verea, K. Muraro, M. Balestriero and P. Menapace, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal: Antrax It Srl (Resana, Italy)

Details of the proceedings before OHIM


Proprietor of the design at issue: Applicant

Design at issue: Community design for ‘heating radiators’ — Community design No 169 370-0002

Contested decision: Decision of the Third Board of Appeal of OHIM of 9 December 2014 in Case R 1643/2014-3

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision and, consequently, find and declare that Community design No 169 370-0002, belonging to Tubes Radiatori Srl, is valid, since it is new and has individual character;










—


order OHIM to pay the costs pursuant to Article 87 of the Rules of Procedure of the General Court of the European Union.





Pleas in law







—


Infringement of Article 1d of Regulation (EC) No 216/96, the adversarial principle, and the duty to provide a statement of reasons;










—


Objection of res judicata.