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5 Nov 2023, 9:13 am
(Not yet available for download, as we are still writing it.)One of the more interesting presentations that I saw at NTA was one by Jim Hines, regarding an article (not yet posted in its current form) that appears to be a descendant of this one, which was then entitled "Evaluating Tax Harmonization. [read post]
22 Jun 2015, 2:45 am
In regard to the new formulation of the text of the Trade Mark Directives, the general idea is that the EU intends to harmonize national trade mark laws and practices to a greater extent than in the past, the principal objective being to enhance legal certainty in trade mark protection, which is expected to be more consistent as between the national jurisdictions and the EU itself. [read post]
3 Oct 2014, 1:30 pm
(What about a disclaimer requirement to harmonize TM with copyright/patent? [read post]
5 Jan 2015, 5:08 am
.* When trade mark components have little or no distinctivenessAs Valentina explains in her first post as guest Kat, back in 2011 OHIM and many national patent and trade mark offices agreed to harmonize their practices as regards trade marks and designs' absolute and relative grounds. [read post]
9 Mar 2018, 3:04 am
Was Muffin's appearance solely dictated byhis technical function of squeezing into boxes? [read post]
4 Jul 2014, 1:58 pm
Counsel answered that there should be guidelines presented to the Appellate Court to harmonize precedent and ensure uniformity of decision. [read post]
15 Feb 2022, 12:05 pm
Australia, for example, has suggested that “these crimes judiciously, by developing a clear framework for identifying why certain crimes are so significantly altered by a ‘cyber element’ as to require a new harmonized international standard that elevates this conduct above ‘traditional’ crimes. [read post]
19 Nov 2014, 1:56 pm
The doctrine of constitutional avoidance – that a court should avoid interpreting a statute in a way that brings its constitutionality into question – requires that the statutes be harmonized. [read post]
20 Aug 2020, 1:21 am
Even so, the legislation does leave a great deal of room for national harmonization in this respect. [read post]
17 Jan 2024, 8:07 am
On a separate and final note, the case might also offer a chance to clarify once and for all whether the right of adaptation, which is relevant to derivative works, is de facto part of the broader right of reproduction under Article 2 of the InfoSoc Directive.This right has been only formally harmonized in relation to databases (Article 5(b) of the Database Directive) and software (Article 4(1)(b) of the Software Directive). [read post]
18 Jul 2019, 3:06 pm
Even when file formats were (more or less) harmonized, there was still the problems of storage media: the SCSI drive you plugged into your Mac needed a special add-on and flaky driver software to work on your Windows machine; the ZIP cartridge you formatted for your PC wouldn't play nice with Macs. [read post]
9 Dec 2020, 10:41 am
Comment: This is an implicit harmonization of the Ninth and Second Circuit approaches: the Second doesn’t use Rogers in title-v-title cases, but Empire said the Ninth would do so, but then Gordon’s “same use” reasoning is really title-v-title on steroids. [read post]
22 Jan 2018, 5:08 am
On 17 January 2018, The EPO revoked one of the Broad Institute’s patents relating to a fundamental aspect of CRISPR technology. [read post]
17 Jan 2018, 5:00 am
More so than any one government, Internet intermediaries may have a motivation to arrive at harmonized norms or Terms of Service that can function across diverse legal systems. [read post]
14 Mar 2020, 3:47 am
In late February, the Court of Justice of the European Union (CJEU) issued its long-awaited [the Opinion of Advocate General (AG) Bobek, on which see here, had been released in July 2019] judgment in Constantin Film, C-240/18 P, aka the Fack Ju Göhte case concerning the interpretation of the morality absolute ground in EU trade mark (EUTM) law.The decision is both interesting and important for a number of reasons, including trade mark law, the role of freedom of expression, and also ...… [read post]
23 Jun 2013, 9:28 pm
Though he fought this outcome at every turn, Breyer has finally capitulated to the Apprendi rationale and cast his vote to harmonize the Harris issue with that holding. [read post]
2 Jan 2025, 8:34 am
,the OECD “Future of Investment Treaties” initiative, or BIT models proposed by panel of experts within the framework of the International Institute for Sustainable Development),- The potential for using and generalizing:Traditional techniques, such as the creation of compliance standards, Principles that are already in force but may not be fully exploited, such as the (rebuttable)presumption of conformity with WTO law for domestic measures based on… [read post]
24 Jan 2016, 5:13 pm
In Hahn, the court stated "It is well established that when errors in draftsmanship have occurred, courts may add, excise, modify or transpose language or provisions of the instrument to harmonize it with and to effectuate the testator's intent. [read post]
17 Jan 2018, 10:47 am
But because differences in copyright term make things more complicated for copyright holders, there are constant efforts by some copyright holders to try to homogenize the duration of copyright so that they can more easily enforce their copyrights worldwide—and of course, they would like them to be harmonized at the life-plus-70 year term, so that they can extract another 20 years of monopoly rents, over and above the Berne Convention's standard life-plus-50 year term. [read post]
11 Jan 2023, 5:00 am
Harmonizing federal law with state law would thus facilitate planning.Mr. [read post]
