Luxemburg, 13/09/2007 (Agence Europe) - In a judgment delivered on Tuesday 11 September, the Court of Justice of the European Communities ruled that EU member states can directly apply the WTO TRIPS agreement on trade-related aspects of intellectual property rights (case C-431/05). There being no Community case law, since the Community has not as yet legislated on patents, competence, consequently, falls on the member states.
The case revolved around the chemical compound “Enalapril”,...