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30 Oct 2017, 4:54 am
However, some adjustments would be required, eg with regard to the database right, and the country of origin principle.When asked about the perspective of UK creative industries, Mr Moss noted how there are some pressing issues to address, including with regard to live performances. [read post]
4 Mar 2016, 8:00 am
As readers will know, this blog has been following with some passion developments leading to the introduction of new layers of protection - in the form of ancillary rights - over content displayed over the internet, eg through news aggregators. [read post]
24 Nov 2016, 7:46 am by Florian Mueller
(Perhaps aggressive law firms, like investment bankers, simply are less successful in their business development efforts in egging clients on to undertake massive litigations.) [read post]
10 May 2014, 6:51 am
In more general terms, does this decision imply a re-thinking of both earlier case law on computer programs and the idea/expression dichotomy, starting with the seminal decision in Baker v Selden? [read post]
16 Jun 2016, 9:59 am
In the view of the AG, "the decision Art & Allposters International does neither re-open nor limit in any way the conclusions arising from the decision UsedSoft" (para 54).Let's now see whether the CJEU agrees: stay tuned! [read post]
13 Feb 2014, 7:58 am
    Do the specialised circles know about events taking place outside of the EU (eg, in China)? [read post]
19 May 2021, 11:49 pm by Eleonora Rosati
That said, the doctrinal force of the waiver is that it provides more certainty about the latter two reasons.The deeper question alluded to above is whether the current vaccine research and development model in many major jurisdictions (basically using public funds to do “basic” research and then letting market forces backed by exclusive rights decide what gets brought to market) needs to be re-examined. [read post]
22 Oct 2013, 5:57 am
This conclusion re-states the approach taken following the 1994 decision in Case C-68/93 Fiona Shevill with the additional result that the principle of territoriality, which still governs (is supposed to govern?) [read post]
1 Nov 2017, 2:49 am by Ben
However, some adjustments would be required, eg with regard to the database right, and the country of origin principle.When asked about the perspective of UK creative industries, Mr Moss noted how there are some pressing issues to address, including with regard to live performances. [read post]
6 Aug 2014, 4:34 am by David DePaolo
Although Rubin likely knows that there are going to be "employers" who fail to provide workers' compensation insurance ... but that's a different story.The Court egged on the Legislature to do something about all of us old folks moving into the system:"We encourage the Legislature to focus its attention on the problems associated with Alzheimer's caregiving," the majority said. [read post]
21 Dec 2015, 6:21 am
If the IPO felt that it would like to give me as Christmas present, the thing I would most appreciate is if you had a big re-think about these proposals.Have a happy Christmas,S. [read post]
16 Sep 2022, 6:00 am
"We're sending migrants to her backyard to call on the Biden Administration to do its job & secure the border. [read post]
19 Jun 2019, 7:18 am
Indeed, it follows from the answer to the first part of the plea in law that the relevant evidence is only that which shows the mark at issue in its registered form or, failing that, in forms which are broadly equivalent, which excludes forms of use where the colour scheme is reversed or which fail to respect the other essential characteristics of the mark at issue.It then recalled the principles established in earlier case law re acquired distinctiveness, and reviewed the evidence… [read post]
9 Dec 2014, 2:57 pm by Lucy Reed
Baker J considered the guidance in Re EC (Disclosure of Material) [1996] 2 FLR 725 CA, noting that whilst the balance as between the factors identified in the 10-point guidance of Swinton-Thomas LJ in that case may have shifted following the enactment of the Human Rights Act 1998, the guidance remained valid and Re EC remains the leading authority. [read post]
15 Sep 2014, 3:07 am
Jeremy reflects again on the importance of this figure, hoping that the debate over its possible implementation and strengthen in the UK may be soon re-o [read post]
15 Sep 2020, 7:06 am by Michael Geist
Taken together, the provisions form the bedrock of net neutrality in Canada by prohibiting powerful intermediaries (namely ISPs) from using their position as network providers to give themselves an undue preference (eg. grant a preference for their content over third party content) or interfere with content that runs on their network. [read post]
23 Jun 2023, 8:22 am
 Pix Credit hereOne of the most interesting turns in the organization of economic activity, at least within liberal democratic and post-colonial environments, has been the development of a rhetoric for, an ideology of, and a set of working models that can be drawn upon by economic enterprises that seek not merely to comply with law and the expectations of the market, but also  to actively participate in the management of social change. [read post]
23 Jan 2008, 9:05 am
Tacit and deep structures seem to be the same, but they're not: tacit refers to values which feed into surface, but can change surface as well; and the effect of surface on others (eg teacher realising that certain forms of teaching are having certain effects on students) can change values. [read post]