Cosmetics

CJEU landmark ruling confirms that CBD is not a narcotic drug and that member states may not prohibit its marketing

Eveline Van Keymeulen

Today, the Court of Justice of the European Union (CJEU) delivered its long-awaited decision in Case C-663/18 (Kanavape) ruling that a member state may not ban the marketing of cannabidiol (CBD) extracted from the Cannabis sativa plant in its entirety. In today’s judgment, the Court finds that EU law, in particular the provisions on the Read More

Advocate General of the CJEU considers French ban on hemp-derived cannabidiol (CBD) contrary to EU law

Eveline Van Keymeulen

Yesterday, Advocate General Tanchev presented his long-awaited opinion before the Court of Justice of the European Union (CJEU) in Case C-663/18 (Kanavape) stating that the general ban on natural cannabidiol (CBD) in France is contrary to EU law. It is the first time that the highest European Court, including the Advocate General, has been requested Read More

CJEU confirms that trade mark owners need not amend broad specifications

David Stone

Today, the Court of Justice of the EU (CJEU) in Sky v SkyKick (C-371/18) has declined to follow the Advocate General and held that trade mark specifications that cover broad terms such as “computer software” cannot be invalidated on the basis that they are imprecise or contrary to public policy. In addition, a trade mark Read More

New EU Directive on Whistleblower Protection will also apply to Life Sciences sector

Inge Vanderreken

On 7 October 2019, the Council of Ministers adopted the Directive on Whistleblower protection at the Justice and Home Affairs Council in Luxembourg. The Directive will introduce new EU-wide rules to protect whistleblowers who report breaches of EU law. “EU law breaches” include, amongst others, those relating to EU laws on product safety and compliance, Read More

The Nagoya Protocol five years into play: key points of attention when working with genetic resources

Tine Carmeliet

Genetic material from plants, animals, microbials or other biological origin is today frequently used not only by companies active in the pharmaceutical or plant breeding industry, but also by businesses in the cosmetics and food industries. Think of a German cosmetics company developing a cream based on a plant extract from Indonesia, or a dairy Read More