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5 Jul 2020, 6:08 am
EU design legislation states the extent to which, and the conditions under which, copyright protection is conferred on designs is to be determined by each Member State (Directive 98/71/EC, Article 17 and Regulation (EC) No 6/2002, Article 96). [read post]
3 Jul 2020, 6:43 am
TAX AND STAMP DUTY CONSIDERATIONS Interest due to non-resident lenders is generally subject to 26 per cent withholding tax unless double taxation treaty or the Interest and Royalties Directive apply. [read post]
1 Jul 2020, 8:55 am
However the applicant makes an interesting argument. [read post]
30 Jun 2020, 9:36 am
On the very day of filing of MSD’s appearance, Teva served on MSD a waiver of its nullity action, since after the expiry of the SPC it had clearly lost interest in pursuing the case. [read post]
29 Jun 2020, 10:33 am
These protections were enshrined in the Directive as part of the bargain meant to balance the fundamental rights of Europeans against the commercial interests of entertainment corporations. [read post]
17 Jun 2020, 4:52 am
Other ECS opinions are also available here.Finally, congratulations are in order for PermaKat Eleonora Rosati on being named on WIPR's 2020 list of Influential Women in IP, "based on nominations from readers across the globe on who they regard as women in law who play a vital role in advancing the IP industry and challenging the existing status quo," including recognition of her work here at the IPKat.Image: George E. [read post]
5 Jun 2020, 8:17 am
Based on Article 14(1)(a) and (b) of Directive 2009/65/EC (UCITS Level 1 Directive), each Member State shall draw up rules of conduct to ensure that a management company: (a) acts honestly and fairly in conducting its business activities in the best interests of the UCITS it manages and the integrity of the market; and (b) acts with due skill, care and diligence, in the best interests of the UCITS it manages and the integrity of the market. [read post]
28 May 2020, 4:28 pm
We therefore welcome the ambitious blueprint laid out this week by the European Commission (EC) to give Europe the necessary means for an economic recovery that is sustainable and invests in our digital future. [read post]
21 May 2020, 2:35 am
The court should have thus considered A's protected interests under Article 8 ECHR in posting a picture of her grandson before ordering her to take it offline. [read post]
14 May 2020, 8:52 am
It held that, after the introduction of new Rule 28(2) EPC, Article 53(b) EPC was to be interpreted to exclude from patentability plants, plant material or animals, if the claimed product is exclusively obtained by means of an essentially biological process or if the claimed process features define an essentially biological process.In order to ensure legal certainty and to protect the legitimate interests of patent proprietors and applicants, the Enlarged Board ruled that the new… [read post]
13 May 2020, 12:12 am
Directive 2004/48/EC (the Enforcement Directive) allows rightsholders to obtain, from intermediaries, information concerning infringers. [read post]
11 May 2020, 3:49 am
Notably, it examines how the claims brought in the interest of an insolvency proceeding opened in one Member State can be pursued in other Member States. [read post]
30 Apr 2020, 7:50 am
The centre of main interests shall be the place where the debtor conducts the administration of its interests on a regular basis and which is ascertainable by third parties. [read post]
30 Apr 2020, 3:19 am
In this respect, readers might be also interested to know that yesterday the High Court of England and Wales decided the Skykick case further to the CJEU decision last January, commented on IPKat here, here and here). [read post]
29 Apr 2020, 11:23 pm
Yet, it might be that other type of cases, with less impact on the life of the child, or when the balance between the urgency and the importance of personal attendance might affect the best interest of the child ,might still be held remotely. [read post]
27 Apr 2020, 1:30 am
Back in December 2019, the Court of Justice of the European (CJEU) issued a decision concerning tangerines that did just that.Reporting from Matera, Italy, IP lawyer Vincenzo Vinciguerra, PhD (Roberto Manno's Weblegal) explains the decision and his interpretation on what it means for plant breeders:"On 19 December 2019, the CJEU ruled on the interplay between Articles 13(3) and 95 of Council Regulation (EC) n. 2100/94 - the Plant Variety Regulation in the… [read post]
23 Apr 2020, 7:57 am
IPC implementing the Regulation (EC) No 816/2006 in France) ; If failure to use the patent in question is seriously prejudicial to economic development and the public interest (L613-18 and R613-26 et seq. [read post]
22 Apr 2020, 2:51 am
At the moment, the true exclusive right of “originator” drugs owners could lie in the possibility of referring to the data exclusivity legislation, pursuant to Directive 2001/83/EC and to EU Regulation 726/2004. [read post]
21 Apr 2020, 4:53 am
As for the discrimination risk a number of EU directives (2000/43/EC, 2000/78/EC, 2006/54/EC) provide a robust framework to combat discrimination in the workplace. [read post]
15 Apr 2020, 2:59 am
Red Bull GmbH v Big Horn UK Limited & Ors [2020] EWHC 124 (Ch) This case is an interesting commentary on the route that rights holders can pursue in order to challenge lookalike products. [read post]
