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26 Sep 2019, 1:26 pm
The court begins by placing the shift toward a copyright balance in perspective: “As Binnie J. noted in Théberge, the Copyright Act aims to achieve “a balance between promoting the public interest in the encouragement and dissemination of works … and obtaining a just reward for the creator” (para. 30). [read post]
24 Sep 2019, 7:39 am
This may turn out to be an interesting opportunity for brand owners, at least in theory. [read post]
23 Sep 2019, 11:06 pm
In view of the tightening of what will be allowed and not with the revised RPBA that enters into force on 01.01.2020, it wil be interested whether a future Board will come to the same conclusion.In any case, it appears that there should be a referral as this decision follows T 1914/12 which however distinguished from T 1621/09, and seems is a fundamental point of law.Legal backgroundArticle 113 - Right to be heard and basis of decisionsThe decisions of the European Patent Office… [read post]
20 Sep 2019, 3:30 am
She presented examples of interesting Canadian case law on genuine use. [read post]
15 Sep 2019, 4:00 am
Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. [read post]
6 Sep 2019, 5:27 pm
Many countries have an interest in targeting specific populations for surveillance (Palestinians in Israel, undocumented immigrants in the US, Kurds in Iran.) [read post]
4 Sep 2019, 1:34 am
David YuchtThe panel remanded an award of attorney fees and prejudgment interest based on its new precedent on what makes for an “exceptional” case for purposes of Section 35 of the Lanham Act. [read post]
29 Aug 2019, 7:56 am
(Millennium Hollywood LLC, Real Party in Interest) (2019) ___ Cal.App.5th ___. [read post]
13 Aug 2019, 2:48 pm
” The work of theorists in this context is to move up the order scale — to first-order, second-order, or n-th-order — theories, which as they progress, get closer and closer to the actual results. [read post]
13 Aug 2019, 4:15 am
It would be interesting to see CJEU ruling on an issue: whether the same standard applies to single colour (per se) registration. [read post]
8 Aug 2019, 9:00 am
It actually says that testimonials are not in the public interest when it comes to healthcare licensees. [read post]
8 Aug 2019, 4:30 am
In the Gittleman Action, Giller, as the former owner of a 10% interest in Raid Power, Inc. [read post]
7 Aug 2019, 8:24 am
As mentioned above, the case is interesting as it develops the Boards’ practice in terms of bad faith for re-filings. [read post]
5 Aug 2019, 2:26 am
Still, it seems a step ahead; had EUIPO taken the freedom of expression into account in the balancing of the interests at stake, would it have come to a different conclusion? [read post]
2 Aug 2019, 7:03 pm
What makes this considérant interesting is the recollection of "principles and purposes" none of which is free from contradiction or a hermeneutics that is dependent on the political starting points of reference of the interpretant. [read post]
29 Jul 2019, 4:47 pm
., Real Parties in Interest) (2019) ___ Cal.App.5th ___. [read post]
25 Jul 2019, 7:03 pm
The 2019 annual conference of the Association for the Study of the Cuban Economy (ASCE) was held in Miami July 25-27, at the Miami Hilton Downtown Hotel. [read post]
16 Jul 2019, 9:29 pm
Th…Read More » 2007 non-O157 E. [read post]
15 Jul 2019, 3:26 am
Hansson appealed to the Patents and Market Court, arguing that “ROSLAGS” was descriptive of a geographical region and it was in the public interest that it remains available to traders. [read post]
14 Jul 2019, 12:54 pm
In reaching its conclusion, the Court reiterated that Article 24(1) Brussels Ia does not encompass all actions concerning rights in rem in immovable property, but only those which both come within the scope of th Regulation and are actions which seek to determine the extent, content, ownership or possession of immovable property or the existence of other rights in rem therein and to provide the holders of those rights with protection for the powers which attach to their interest… [read post]
