Search for: "In Matter of GS"
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9 Dec 2016, 1:00 pm
The case involves a claim of invalidity of Fontem’s Patent EP2022349 related to an electronic cigarette as well as for a declaration of non-infringement and a counterclaim for infringement.BREAKING: Antidote found for poisonous prioritiesDavid Brophy blogs about the order in case G 1/15 of the Enlarged Board of Appeal at the EPO, which establishes that partial priority of a claim comprising alternative subject-matter may not be refused based on one or more generic expressions or… [read post]
9 Nov 2016, 9:37 am
| Generic marks as valuable commercial information | Other people's computers | Compared to Svensson, GS Media is not that bad after all | Introducing our new InternKats! [read post]
18 Oct 2016, 6:37 am
| Generic marks as valuable commercial information | Other people's computers | Compared to Svensson, GS Media is not that bad after all | Introducing our new InternKats! [read post]
9 Oct 2016, 7:57 am
For instance, from Recital 38 it is apparent that an obligation for hosting providers that "store and provide access to the public to copyright protected works or other subject-matter uploaded by their users" to conclude licensing agreements with rightholders arises when they perform an act of communication to the public. [read post]
4 Oct 2016, 7:02 am
The GS Media decision [see here and here] is under crossed fire. [read post]
29 Sep 2016, 2:31 pm
This just following the also problematic case of GS Media makes it a rather bad week for balance in copyright. [read post]
27 Sep 2016, 9:10 am
Darren Smyth says "the insistence on the statutory question as the sole standard for assessing obviousness is welcome as a matter of law, but the multi-factorial and fact-dependent nature of the assessment must make it difficult to predict how an English court will judge the validity of a patent. [read post]
26 Sep 2016, 8:46 am
Papers may concern any matter related to national security law. [read post]
19 Sep 2016, 7:58 am
Papers may concern any matter related to national security law. [read post]
16 Sep 2016, 4:59 am
To do otherwise would risk being left with holes in a publisher’s content if the link later has to be taken down.Post-GS Media clarityGS Media – a discussionIt was then time for the panel to turn to the meaty part of the seminar: the GS Media decision, (which, with its nude photos and relationship to Playboy magazine, was (probably rightly!) [read post]
15 Sep 2016, 3:47 am
Perhaps the phrase “commercial activity with a view to economic advantage and not as a private matter” from the Court’s judgment in Arsenal / Reed (C-206/01, §40), a trade mark case, could be helpful. [read post]
14 Sep 2016, 5:03 am
of copyright works to "take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies [read: filtering technologies]. [read post]
14 Sep 2016, 4:31 am
Factually, GS Media concerned clickable website links.] [read post]
14 Sep 2016, 4:31 am
Factually, GS Media concerned clickable website links.] [read post]
14 Sep 2016, 4:31 am
Factually, GS Media concerned clickable website links.] [read post]
12 Sep 2016, 8:33 am
As a matter of law, the HQE must have at least a thirty-day break in service between any federal or uniformed service and appointment as an HQE. [read post]
9 Sep 2016, 1:30 am
Although vehemently demanded by Sanoma Media, GS Media refused to remove the link from the website, although the content itself was removed from Filefactory. [read post]
8 Sep 2016, 7:48 am
These photographs were due for publication in a forthcoming issue of Playboy.BackgroundMore specifically, in 2011 [prior to the publication of the Playboy issue in question] GS Media published a report with the title ‘[obscenity] leaked! [read post]
8 Sep 2016, 6:11 am
not only those who have published the copyright work without the rightholder's consent but seemingly also those who have 'published' the hyperlinks] of the illegal nature of the publication of their work on the internet and of taking action against them if they refuse to remove that link, and those persons may not rely upon one of the exceptions listed in Article 5(3) [of the InfoSoc Directive]".All in all: CJEU as law-makerMuch will be written on this GS Media… [read post]
8 Sep 2016, 2:51 am
The Court specifies that its earlier case-law concerned only the posting of hyperlinks to works that have been made freely available on another website with the consent of the rightholder, and that it cannot, therefore, be inferred from that case-law that the posting of such hyperlinks would be excluded, as a matter of principle, from the concept of ‘communication to the public’ when the works at issue have been published on the other website without the rightholder’s… [read post]
