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22 May 2024, 10:23 am by David Luban
Under the ICC’s founding principle of complementarity, a case is “inadmissible” if it is being “investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution” (Rome Statute art. 17(1)(a)). [read post]
22 May 2024, 1:15 am by Charlie French (Bristows)
Although the Court of Appeal stated in Ocado v AutoStore that the interest of the general public usually arises after a decision is rendered, the position was different in this case as it might be too late for Nicoventures to use the information in the EPO proceedings if access was not granted immediately. [read post]