CJEU to give pharma company branding a health-czech

Even with his eyes shut, Oscar could always
taste which colour the swans were -- but he
liked the black ones best ...

All the way from the Nejvyšší správní soud - and you've got to believe the IPKat, it really is the Nejvyšší správní soud; the Curia website says so -- comes Case C-299/12 Green - Swan Pharmaceuticals CR, a reference from the Czech Republic for preliminary rulings on the following questions:

1. Is the following health claim: ‘The preparation also contains calcium andVitamin D3, which help to reduce a risk factor in the development of osteoporosis and fractures’, a reduction of disease risk claim within the meaning of Article 2(2)(6) of Regulation ... 1924/2006 ... on nutrition and health claims made on foods, as amended by Commission Regulation ... 116/2010 ..., even though it is not expressly implied in this claim that the consumption of that preparation would significantly reduce a risk factor in the development of disease mentioned?

2. Does the concept of a trade mark or brand name within the meaning of Article 28(2) of Regulation ... 1924/2006 ..., as amended by Commission Regulation ... 116/2010 ..., also include a commercial communication on the packaging of the product?

3. Should the transitional provision in Article 28(2) of Regulation ... 1924/2006 ..., as amended ..., be interpreted to refer to (any) foods which existed prior to 1 January 2005, or to refer to foods to which a trade mark or brand name was affixed and which existed in that form before that date?

The IPKat hasn't got a clue what any of this is about, since none of the background facts are available to him and they certainly aren't on the webpage of the UK Intellectual Property Office that announces the existence of the case [Readers -- can you help? What are the trade marks concerned, and what are the claims made about the product?].  If you would like to comment on this case, you can email Policy at policy@ipo.gsi.gov.uk and advise the government whether it should get involved.  Turn off your TVs and block out the O******* if you want to respond, though -- you've only got till  Wednesday, 1 August 2012, to do so.

Incidentally, Article 28(2) reads as follows:

Products bearing trade marks or brand names existing before 1 January 2005 which do not comply with this Regulation may continue to be marketed until 19 January 2022 after which time the provisions of this Regulation shall apply.

Green Swan here
Swans in other colours here: White, Black, Red, Yellow, Turquoise ...