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22 Mar 2016, 9:48 pm
International family law can be tricky. [read post]
22 Mar 2016, 3:44 pm
On November 26, 2015 the Supreme Court of Canada (“SCC”) issued what may prove to be its most important copyright ruling to date in terms of its effect on tariffs, the tariff making process, the Copyright Board and the copyright bar. [read post]
20 Mar 2016, 12:11 pm
Fen Tigers Ltd (No. 2) [2014] UKSC 46, [2015] AC 106,). [read post]
15 Mar 2016, 2:24 pm
Whether the Courts will agree may be another matter, which may get addressed in judicial review of this decision and perhaps much sooner in the AC v. [read post]
14 Mar 2016, 3:23 am
Does an independent analysis back up the claims of efficiency made to the AC? [read post]
24 Feb 2016, 9:03 am
Access Copyright (“AC”) is, among other things, seeking $26 per FTE university student and rigorous record keeping and intrusive audit rights. [read post]
1 Jan 2016, 1:13 pm
Judicial observations such as those of Lord Reid in Wickman Machine Tools Sales Ltd v L Schuler AG [1974] AC 235, 251 and Lord Diplock in Antaios Cia Naviera SA v Salen Rederierna AB (The Antaios) [1985] AC 191, 201, quoted by Lord Carnwath at para 110, have to be read and applied bearing that important point in mind. [read post]
28 Dec 2015, 12:14 am
Never too late 75 [week ending on Sunday 6 December] – BHG on blocking injunctions | IP in Universities | Sweden on blocking injunctions | Canadian musings on patents | US Senate and trade secret reform | Chinese IP Courts | G1/14 referral and Article 108 EPC | PACE procedure (Procedure for Accelerated Conduct of Examination) ant the EPO | Greekat and trade mark partenalism | EPO Boards of Appeal tell AC: we were never consulted |… [read post]
21 Dec 2015, 1:31 am
Never too late 75 [week ending on Sunday 6 December] – BHG on blocking injunctions | IP in Universities | Sweden on blocking injunctions | Canadian musings on patents | US Senate and trade secret reform | Chinese IP Courts | G1/14 referral and Article 108 EPC | PACE procedure (Procedure for Accelerated Conduct of Examination) ant the EPO | Greekat and trade mark partenalism | EPO Boards of Appeal tell AC: we were never consulted |… [read post]
18 Dec 2015, 9:11 am
The more unreasonable the result, the more unlikely it was that the parties could have intended it, and if they did intend it the more necessary it was that they should make that intention abundantly clear: Wickman Machine Tools Sales Ltd v L Schuler AG [1974] AC 235, 251; If detailed and syntactical analysis of words in a commercial contract was going to lead to a conclusion that flouted business common sense it must yield to business common sense”: Antaios Cia Naviera SA v… [read post]
17 Dec 2015, 3:46 am
Personal injury was argued not to be a proper guide for awarding damages in libel relying on the judgment of Lord Hoffman in the Privy Council in The Gleaner Co Ltd v Abrahams [2004] 1 AC 628. [read post]
14 Dec 2015, 4:09 pm
First, Dr Rolph identifies problems in the Lange (Lange v Australian Broadcasting Corporation (1997) 189 CLR 520) defence, noting it was not followed in Reynolds v Times Newspapers Pty Ltd [2001] 2 AC 227, a decision which the Australian courts have in turn refused to recognise, and which the High Court of Australia has declined opportunities to consider ever since, despite hinting at it in 2002: Skalkos v Assaf [2002] HCA Trans 649 (13 December 2002). [read post]
13 Dec 2015, 5:42 pm
[Blogger’s Note: This post is submitted as a necessarily-lengthy formal comment to the November 20, 2015 draft guidance of U.S. [read post]
13 Dec 2015, 4:01 pm
**********PREVIOUSLY, ON NEVER TOO LATENever too late 75 [week ending on Sunday 6 December] – BHG on blocking injunctions | IP in Universities | Sweden on blocking injunctions | Canadian musings on patents | US Senate and trade secret reform | Chinese IP Courts | G1/14 referral and Article 108 EPC | PACE procedure (Procedure for Accelerated Conduct of Examination) ant the EPO | Greekat and trade mark partenalism | EPO Boards of Appeal tell AC:… [read post]
7 Dec 2015, 12:56 pm
* Boards of Appeal tell AC: we were never consultedAs Eponia Emperor’s Mr Battistelli presents to Board 28 an updated proposal addressed to the AC, the Boards’ Praesidium writes to the AC members in frustration, disputing that they were properly consulted, and asking for their voices to be heard. [read post]
23 Nov 2015, 2:40 pm
* Why the Enlarged Board rejected the AC in SeptemberMerpel has finally had sight of the written decision of the Enlarged Board of Appeal (EBA) in which it rejected the request made by the Administrative Council (AC) chairman, Mr Kongstad, seeking the dismissal of a Board Member for the events leading up to the House Ban. [read post]
17 Nov 2015, 8:00 am
They were: Rylands v Fletcher (1866) LR 3 HL 330 Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 Salomon v A Salomon & Co [1897] AC 22 Donoghue v Stevenson [1932] AC 562 Woolmington v Director of Public Prosecutions [1935] AC 462 Liversidge v Anderson [1942] AC 206 Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130 Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 Anisminic Ltd v… [read post]
12 Nov 2015, 2:24 am
ParkingEye v Beavis ParkingEye Ltd managed a car park at a retail park in Essex. [read post]
19 Oct 2015, 12:32 pm
* F-word not descriptive of pharma product, rules courtJeremy comments on Flynn Pharma Ltd v Drugsrus Ltd and Tenolol Ltd [2015] EWHC 2759 (Ch), a 6 October 2015 decision of Mrs Justice Rose sitting in the Chancery Division of the High Court, England and Wales, in another pharma parallel importation case which was bound to succeed against a spurious defence. [read post]
12 Oct 2015, 12:11 pm
| IP: When innovation is the answer to a spiritual funk Never Too Late 63 [week ending on Sunday 13 September] - Fair compensation in reprography and private copying: the ECS’ version | Substitute sellers | Teva UK Ltd & Another v Leo Pharma | Evidence-based IP policy | KitKat case | UK IPO’s priorities | UK IPO’s… [read post]
