According to a news source, the United Kingdom’s Community Trade Mark Office has determined that the shape of a KitKat® bar, which Nestlé registered as a community trademark in 2006, is valid, thus barring any other confectioners from selling products with a similar shape in the European Union. Nestlé competitor Cadbury makes a similar product and sought to invalidate the mark shortly after it was registered, claiming that the trait was too general to be protected. Cadbury is reportedly considering whether to appeal the ruling. See Huffington Post, January 3, 2013.
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The General Court of the European Union (EU) has dismissed an annulment action brought by Hungary, seeking to overturn a protected Slovakian designation of origin for wine produced in the Tokaj region which both countries share. Hungary v. Commission, Case T-194/10 (Gen. Ct., decided November 8, 2012). Hungary will have two months to bring an appeal to the Court of Justice, as to points of law only. The European Commission registered the protected designation of origin ‘Vinohradnicka oblast’ Tokaj’ on Slovakia’s behalf in the 2006 and 2007 lists of quality wines produced in specified regions (QWPSR). On July 31, 2009, the day before the EU established the E-Bacchus database to publish the QWPSR lists, Slovakia requested a modified designation— ‘Tokajská/Tokajské/Tokajsky vinohradnicka oblast’—which became the new protected designation on the electronic database. Several months later, Slovakia requested that the Commission revert to the original designation of origin, and the Commission amended the…
The European Commission (EC) has concluded, in its second regulatory review on nanomaterials, that, while certain challenges continue to face those trying to assess their potential risks, the Registration, Evaluation, Authorisation and Restriction of Chemical Substances (REACH) “sets the best possible framework for the risk management of nanomaterials when they occur as substances or mixtures.” Still, the EC acknowledges that “more specific requirements for nanomaterials within the framework have proven necessary,” and thus it “envisages modification in some of the REACH Annexes and encourages ECHA [European Chemicals Agency] to further develop guidance for registrations after 2013.” REACH took effect in June 2007. Viewed as the strictest law regulating chemical substances to date, it requires all chemicals imported or produced in the European Union (EU) over a certain quantity to be registered and the manufacturers and importers to gather and report information about the chemicals’ properties. The law’s provisions will be…
The European Union (EU) General Court has affirmed a ruling of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and dismissed the application of a beverage company to register “Royal Shakespeare” as a word mark for its scotch whiskey. Jackson Int’l Trading Co. Kurt D. Brühl GmbH & Co. KG v. OHIM, Case T-60/10 (Gen. Ct., decided July 6, 2012). According to the court, the Royal Shakespeare Co. had registered “Royal Shakespeare Company” three years before Jackson International sought to register its mark, the theater company’s mark has a reputation before the public at large and not among an elite as argued by Jackson International, and the beverage maker’s use of the mark would take “unfair advantage of the distinctive character or the repute of the earlier trade mark.”
The European Commission has apparently sent “a reasoned opinion” to 10 member states “that have failed to correctly implement Directive 1994/74EC which introduces a ban on the use of un-enriched cages for laying hens,” according to a June 21, 2012, EU press release. The Commission has given Belgium, Greece, Spain, France, Italy, Cyprus, Hungary, the Netherlands, Poland, and Portugal two months to ensure compliance with the directive before referral to the EU Court of Justice. These countries apparently still permit the use of “un-enriched cages” for laying hens “despite the ban which came into force in January 2012 for which they have had 12 years to prepare.” Under the directive, “all laying hens must be kept in ‘enriched cages’ with extra space to nest, scratch and roost,” or in systems with at least 750 square centimeters of cage area as well as “a nest-box, litter, perches and claw-shortening devices, allowing…
The Council of the European Union has issued a “One Health” perspective document recognizing that antimicrobial resistance (AMR) “is accelerated by excessive and inappropriate use of antimicrobial agents” and asking member states to “develop and implement national strategies or action plans for countering AMR.” According to the perspective document, which underlined the need for “an active holistic approach” to combating AMR, “some practices in human and in animal healthcare including the possible incentives deriving from the prescription and subsequent sale of antimicrobial agents may lead to inappropriate use and overuse of antimicrobial agents.” In particular, the Council has advocated restrictions on both the human and veterinary use of critically important microbials (CIAs) and newly developed microbials “with the aim in the future to reserve CIAs as much as possible for human use.” To this end, the Council has requested that member states curb the prophylactic use of all antimicrobials while…
French maize growers and seed companies have reportedly brought an appeal before the nation’s highest court seeking to overturn the French government’s temporary moratorium on a strain of genetically modified (GM) maize. The government action was taken in response to the court’s decision to annul a previous moratorium after finding that it lacked justification. In a joint statement, the plaintiffs said, “This restriction does not rely on any serious scientific element, and maize producers, hit by (insects), sustain real financial damage.” France has also reportedly requested that the European Commission suspend authorization to sow the GM maize, the only one approved for cultivation in the European Union, contending that scientific research shows that it poses “significant risks for the environment.” See Reuters, March 29, 2012.
According to news sources, a 25-year-old trade dispute pitting European Union (EU) laws prohibiting the import of beef treated with growth hormones and U.S. and Canadian trade sanctions imposing hundreds of millions of dollars of duties on EU exports of Roquefort cheese, truffles, chocolates, and other comestibles has been resolved. The U.S. and Canadian tariffs reportedly cost EU exporters more than US$250 million annually. In exchange for lifting a 100 percent ad valorem duty against EU products, the EU has agreed to increase quotas on imports of hormone-free beef to 48,200 metric tons under the deal. The agreement will allow the EU to maintain its ban on imports of hormone treated beef. Additional details about the dispute appear in Issues 103, 255, 262, 278, and 289 of this Update. See Law 360 and European Parliament News, March 14, 2012.
The Council of the European Union (EU) has adopted a directive banning the use of added sugars in any fruit juices sold in Europe. According to a March 8, 2012, Council press release, the new directive “incorporates the current industry practice of not adding sugars to fruit juices” and will phase out “no added sugars” labeling after a transitional period, at the end of which “all fruit juices present on the market are not allowed to contain added sugars anymore.” The directive also addresses labeling for fruit nectars, which evidently cannot be made without added sweeteners; adds tomatoes “to the list of fruits used for fruit juice production”; and confirms that product names must indicate the fruits included in the juice. Expected to take effect by the beginning of June, the directive gives member states 18 months after enactment to transpose its provisions into national law. “The new rules will apply…
Danish Food and Agriculture Minister Mette Gjerskov has reportedly urged the European Union (EU) and its member states to support improved animal welfare standards. In January 2012, the European Commission released a new animal welfare strategy, details of which were covered in Issue 425 of this Update. Speaking to an international conference in Brussels, Belgium, Gjerskov asserted that the “increasing” transportation of animals for slaughter across Europe was “worrying,” as evidenced by a petition signed by 1 million EU citizens who have challenged current regulations allowing such journeys to exceed 24 hours by calling for an eight-hour maximum. “The fact that so many people signed a petition is a signal to politicians that there is great concern about how we care for animals,” Gjerskov said. “We need to raise standards beyond legal requirements.” See theparliament.com, February 29, 2012.
