Anheuser-Busch Inc.

Brewer Anheuser-Busch Inc. last week hailed a "historic" judgment by the Grand Chamber of the European Court of Human Rights (ECHR) in defense of intellectual property rights, but voiced disappointment that judges rejected the firm's application for enforcement of trademark rights in the case under consideration. In a landmark ruling, ECHR Jan. 11 confirmed that intellectual property "as such" could benefit from property protection rights guaranteed under the 1950 European Convention on Human Rights. But they ruled by 15-2 that no violation arose in the case brought by the St. Louis, Mo.-based brewer. Asked to determine when the Convention's provisions on property rights extend to intellectual property, a lower court of the ECHR had opined Oct. 11, 2005, that IP rights could be covered, but left open the issue of whether "legitimate expectations" arising from an application for trademark protection might also be covered. The Grand Chamber ruled that protection for applications is possible. Anheuser-Busch's trademark dispute with Czech brewer, Budejovicky Budvar AS dates back a century. Currently, at least 100 lawsuits and other proceedings are under way in more than 30 countries. The dispute is largely confined to Europe where Anheuser-Busch nevertheless has the right to sell its flagship brand under the Budweiser or Bud name in 21 of the 27 countries of the European Union. Interpretation of the European Convention on Human Rights is binding on the 46 nations party to the treaty, including all the EU states.