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18 Nov 2019, 5:40 am by Barry Sookman
As the order targeted ISPs, innocent third parties, the Court also canvassed whether the order was proportionate and appropriately balanced the interests of the site operator defendants, the ISPs, and the public. [read post]
14 Nov 2019, 6:43 am
It offers practical guidance, while also evaluating the viability of more recent developments such as initial-interest confusion, post-sale confusion and consumer responses to uses of trade marks on the internet. [read post]
11 Nov 2019, 5:00 am by Barry Sookman
If you are interested in database licensing, the intrigue of how complex geo-spatial based services are developed, electronic mapping and polygons, the legality of scraping, how online terms governing databases are construed, and database rights, then the recent UK decision in 77m Ltd v Ordnance Survey Ltd [2019] EWHC 3007 (Ch) (08 November 2019) is for you. [read post]
6 Nov 2019, 10:00 am by ernst
How did legal doctrines and principles shape the issues of EC/EU law making and the legal instruments chosen? [read post]
6 Nov 2019, 7:59 am
This case is about the novelty of the Cripps Pink variety (Malus Domestica Borkh species) as assessed under the Council Regulation (EC) No 2100/94 of 27 July 1994 on Community Plant Variety Rights (OJ 1994 L227, ‘the Basic Regulation’). [read post]
29 Oct 2019, 5:44 pm by INFORRM
” The  interesting issues arising on the reference were discussed by the Panopticon blog. [read post]
29 Oct 2019, 8:23 am by Simon Lester
The other interesting issue that this situation produces is: what can be considered a “solution” under the DSU? [read post]
28 Oct 2019, 12:01 pm
If you are interested in commenting on this case, you can do so by 30 October 2019 by emailing policy@ipo.gov.uk and referencing the case number in the subject heading. [read post]
20 Oct 2019, 8:01 pm by Marco Rossi
In its application for the tax ruling, the taxpayer asked the Tax Agency to confirm that the interest payable to the Purchaser under the shareholder’s agreement would be exempt from withholding tax pursuant to the EU Interest and Royalties Directive n. 49 of June 3, 2003 (Council Directive 2003:49:EC of 3 June 2003), as implemented into Italian internal tax law by way of Article 26-quater of Presidential Decree n. 600 of September 29, 1973. [read post]
17 Oct 2019, 1:07 am by Thalia Kruger
The research on the cross-border collection of debts (in particular through the unified procedures in the EU) in the EC²BE project has produced interesting results. [read post]
15 Oct 2019, 9:30 pm by ernst
How did legal doctrines and principles shape the issues of EC/EU law making and the legal instruments chosen? [read post]
11 Oct 2019, 3:00 am by Jim Sedor
The fact that Trump made his decision to remove the troops shortly after a phone call with Erdogan has raised alarm bells from policymakers, as well as government ethics watchdog groups who have long seen Trump’s extensive business interests as a potential area for conflicts-of-interest. [read post]
10 Oct 2019, 7:35 am by Florian Mueller
But with DG CONNECT ceasing to be an independent voice within the Commission (which would be the inevitable effect of the same commissioner being in charge), there's a risk of the EU Commission's IP policies completely drifting off balance.Even the Wall Street Journal's article entitled "Incredible Shrinking Europe," which describes the EU as an economic-policy failure, acknowledges that the Single Market is the one aspect of EU economic policy that is working out--not in… [read post]
9 Oct 2019, 7:21 am by Mathew Purchase, Matrix Chambers
The Court of Appeal’s reasoning on Article 10 raise some interesting questions. [read post]
It also notes that “consent” under the e-Privacy Directive previously had to be read as having the same meaning as consent under the Data Protection Directive (Directive 95/46/EC) and that the requirement for consent to be an “indication of the data subject’s wishes” under Directive 95/46/EC also points to “active, rather than passive, behaviour”. [read post]
Article 12(b) of the EU Data Protection Directive 95/46/EC (“the Directive”) conferred a similar (though slightly narrower) right. [read post]
30 Sep 2019, 11:00 pm
Whereas we have long digressed from trading in areas that have now been made illegal in most countries over the years, our ambition is to continue to product quality items at an affordable price.It was also accepted by the court that Nintendo’s trade marks were infringed pursuant to Article 9(2)(c), since their marks benefit from a very substantial reputation as a result of the use made of them and that the use by the Target Websites took unfair advantage of that reputation by intentionally… [read post]
26 Sep 2019, 4:41 pm by INFORRM
The decisions primarily concern the repealed Data Protection Directive 95/46/EC, but they refer extensively to the GDPR and have potentially important implications for its application. [read post]
26 Sep 2019, 4:18 am by Kellie McTammany
There are low-interest rates, low unemployment, a stable currency, and more than $1  <em> trillion </em>  of available investor cash. [read post]
24 Sep 2019, 2:05 pm by Rob Robinson
The Court emphasises that, in a globalised world, internet users’ access — including those outside the EU — to the referencing of a link referring to information regarding a person whose centre of interests is situated in the EU is likely to have immediate and substantial effects on that person within the EU itself, so that a global de-referencing would meet the objective of protection referred to in EU law in full. [read post]