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6 Oct 2023, 12:58 am
In essence, EUIPO argued that the GC had deprived the BoA of its inherent and specific powers and undermined the BoA’s exclusive jurisdiction to review EUIPO’s decision, “arrogating to itself the power to review the examiner’s decisions which is inherent to the BoA” (cf §24 of the order in case C-93/23). [read post]
2 Oct 2023, 1:11 am
As interpreted by the Boards of Appeal so far, what G 2/21 did do was to clarify that a technical effect relied on for inventive step does not need to be disclosed in the application as filed (Cf. [read post]
29 Sep 2023, 2:52 am
The Board of Appeal instead reiterated the common EPO view that it is generally routine to make new antibodies to a known target (r. 34) (Cf. [read post]
26 Sep 2023, 4:56 am
The law known as the “Little” Tucker Act authorizes federal district courts to entertain small dollar civil claims against the United States, “in cases not sounding in tort. [read post]
20 Sep 2023, 4:02 am
Cf: Restatement, Torts, § 322. [read post]
18 Sep 2023, 10:30 pm
Blogpost 39/2023 On July 4th 2023, the European Court of Human Rights (ECtHR) handed in its first judgement on the use of facial recognition (FR) in law enforcement. [read post]
14 Sep 2023, 9:21 am
But cf the thought-provoking points made in A Hui – F Dohl, ‘Collateral damage: reuse in the arts and the new role of quotation provisions in countries with free use provisions after the ECJ’s Pelham, Funke Medien and Spiegel Online judgments’ (2021) 52(7) IIC 852, 883-885.)In addition, by regarding the ‘fair balance’ mandate as a general principle of EU law, the Italian Supreme Court identified a trend towards a greater visibility of the EU Charter and… [read post]
14 Sep 2023, 3:39 am
The pastiche exception could be understood as a general exception for artistic freedom, which is necessary because artistic freedom alone cannot be given the necessary scope in all cases due to the immanent limitation of the scope of protection of exploitation rights to a use of works and performances in a recognisable form (cf. [read post]
13 Sep 2023, 9:05 pm
“Yet for over 50 years, most factory farms have evaded Clean Water Act regulation altogether,” according to CFS’s statement. [read post]
13 Sep 2023, 5:38 am
[A long history of amending resolutions with legal effect.] [read post]
8 Sep 2023, 5:22 am
A court can find malpractice absent expert testimony where the ordinary experience of the fact finder provides a sufficient basis for judging the adequacy of the professional service (Estate of Nevelson v Carro, Spanbock, Kaster & Cuiffo, 259 AD2d 282, 283 [1st Dept 1999]; cf. [read post]
5 Sep 2023, 9:05 pm
During my recent visit to Columbia Law School, Professor John Coffee shared with me a draft of a short article that later appeared in the New York Law Journal.[1] Coffee’s article assessed the prospects in the U.S. [read post]
29 Aug 2023, 2:36 pm
Cf. 21 U.S.C. [read post]
28 Aug 2023, 9:33 pm
There is no doubt that the issue of same-sex marriage is highly controversial. [read post]
28 Aug 2023, 3:59 am
Cf. [read post]
27 Aug 2023, 3:56 pm
On August 14, 2023, a Fulton County, Georgia grand jury returned a 41-count indictment against former President Donald Trump and eighteen other individuals for a conspiracy to overturn the legitimate 2020 presidential election results in that state. [read post]
27 Aug 2023, 7:19 am
To my great delight, I was asked to review Jan Broekman's brilliant new work, Knowledge in Change: The Semiotics of Cognition and Conversation (Springer Nature, 2023). [read post]
25 Aug 2023, 5:30 am
In opposition, the plaintiff and his wife failed to raise a triable issue of fact (cf. [read post]
23 Aug 2023, 7:45 pm
I was delighted to be given an opportunity to address the participants in the Workshop-Conference: Technological Platforms and National Security in Hong Kong: The Domain of Standards Setting, sponsored by the Law and Technology Center and the Philip K.H. [read post]
22 Aug 2023, 3:37 pm
[Plaintiffs sued for defamation, and also for negligence and intentional infliction of emotional distress stemming from the comments aroused by Baldwin's posts.] [read post]
