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19 Jul 2016, 6:40 am by Graham Smith
All the measures referred to in this paragraph shall be in accordance with the general principles of Community law…".As to the requirements flowing from Article 15(1) and the Charter read in the light of DRI:- The requirements of PECR Article 15(1) and the Charter are cumulative: "Compliance with the requirements laid down in Article 15(1) of Directive 2002/58 does not in itself mean that the requirements laid down in Article… [read post]
19 Jul 2016, 6:40 am by Graham Smith
All the measures referred to in this paragraph shall be in accordance with the general principles of Community law…".As to the requirements flowing from Article 15(1) and the Charter read in the light of DRI:- The requirements of PECR Article 15(1) and the Charter are cumulative: "Compliance with the requirements laid down in Article 15(1) of Directive 2002/58 does not in itself mean that the requirements laid down in Article… [read post]
11 Jun 2019, 12:48 pm
 With regard to Article 97 of the Copyright Act, the court recalled that the Italian Supreme Court has clarified how this provision, it being a derogation from the general rule of image rights protection, should be interpreted strictly. [read post]
8 May 2014, 4:17 am
’This morning the CJEU sensibly ruled that"Council Regulation ... 2081/92 ..., as amended by Council Regulation ... 535/97 ..., must be interpreted as meaning that it does not afford protection to a geographical designation which has not obtained a Community registration, but that that geographical designation may be protected, should the case arise, under national legislation concerning geographical designations relating to products for which there is no specific link… [read post]
27 Jul 2010, 3:01 pm by Oliver G. Randl
Hence, the board finds the appellant’s arguments unconvincing. [1.5] The board therefore concludes that claim 1 of the main request does not comply with A 76(1). [read post]
30 May 2010, 3:01 pm by Oliver G. Randl
Therefore and following the general findings in decisions G 2/97 and J ../87 the board decides that the principle of legitimate expectations does not apply. [read post]
12 Feb 2017, 4:12 am by Jelle Hoekstra
The appeal is against the decision of the examining division to refuse European patent application No. 06 121 786.5 under Article 97(2) of the European Patent Convention (EPC).II. [read post]
26 Feb 2020, 8:56 am by Jessica Kroeze
The subsequent Auxiliary request 2 and Auxiliary request 3 both contained an additional independent claim (i.e., claim 2).Claims 1 and 2 of auxiliary request 2 were based on combinations of claims 1 and 2 and claims 1 and 9 as granted respectively. [read post]
15 Mar 2012, 4:41 pm
This dispute broke out over Ireland's Copyright and Related Rights Act 2000, Section 97, which provides: ‘1. [read post]
27 Jul 2020, 3:05 am by Eleonora Rosati
 At various points in the Opinion (notably [56] and [97]), he suggests that a communication to the public “corresponds to the transmission of a work”. [read post]
17 Jan 2009, 2:35 pm
" Lewis, although nominally exposed to a sentencing range of 97 to 121 months, in fact, was subject to a 240-month mandatory minimum and, under U.S.S.G. [read post]
13 Aug 2019, 4:02 am by Roel van Woudenberg
The appeal fee is not reimbursed if an appeal is inadmissible (Rule 103(1) EPC).Under Article 112(1)(b) EPC, the President of the EPO may refer a point of law to the Enlarged Board of Appeal where two boards of appeal have given different decisions on it. [read post]
19 Oct 2021, 11:54 pm by Roel van Woudenberg
G 3/97, Reasons 5, and G 1/12, Reasons 31) be accepted in that post-published evidence must be disregarded on the ground that the proof of the effect rests exclusively on the post-published evidence? [read post]
28 Dec 2020, 1:00 am by Sander van Rijnswou
Instead, the question of whether a fact can be regarded as proven has to be assessed on the basis of all the relevant evidence (G 3/97, reasons 5).3.1.4 The evidence adduced before the Board in the case in hand includes documents E1, E1/1 and, in addition, the minutes of the hearing of the witness Ms Silvia M. [read post]
22 Mar 2019, 1:24 am
Claim 1 of the Main Request of the Appeal specified a series of steps for performing the simulation. [read post]