Traduction de «non patenté » (Français → Anglais) :

Finally, the Court of First Instance recalled that the Board of Appeal had taken into account the existence of the national registration and that the contested decision explained in a clear and unequivocal manner the reasons which had led the Board of Appeal not to follow the decision of the Deutsches Patent- und Markenamt.

65 As regards the decision of the Deutsches Patent- und Markenamt to which Develey refers, it suffices to recall – as the Court of First Instance did in paragraph 32 of the judgment under appeal – that the Community trade mark regime is an autonomous system with its own set of objectives and rules peculiar to it, and that that system applies independently of any national system.

Develey submitted that, by deciding that the trade mark applied for was devoid of distinctive character on Community territory, OHIM had in essence considered invalid, and thus deprived of protection on German territory, the earlier German trade mark protecting the same sign, registered by the Deutsches Patent- und Markenamt (German Patent and Trade Mark Office).

' Motion No. 42 That Bill C-44, in Clause 24, be amended by (a) replacing lines 38 to 44 on page 15 with the following: ``(2) The power of a port authority to operate a port is limited to the power to engage in (a) port activities related to shipping, navigation, transportation of passengers and goods, handling of goods and storage of goods, to the extent that those activities are specified in the letters patent; and (b) other activities that are deemed in the letters patent to be necessary to support port operations (2.1) The activities that a port authority may engage in under paragraph (2)(b) may be carried on by the port authority d ...[+++]irectly or through a wholly-owned subsidiary of the port authority. The port authority and the subsidiary are not agents of Her Majesty in right of Canada for the purpose of engaging in those activities'.

Clause 7(1) amends section 10(1) of the Act to make it clear that the letters patent setting out the information required in section 8(2) of the Act continue harbour commissions established under the Harbour Commissions Act as port authorities (i.e., letters patent of continuance as distinct from letters patent of incorporation) and to remove mention of the Hamilton Harbour Commissioners’ Act and the Toronto Harbour Commissioners’ Act, 1911, both of which have been repealed.

Clause 18(5) allows a port authority to dispose of non-federal real property and immovables if supplementary letters patent have already been issued (Currently, such exchange or disposal is subject to the issuance of supplementary letters patent at some unspecified time).