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25 Apr 2024, 12:17 pm
However, since the Court of Justice decision in Infopaq, the harmonized test of originality applied in the English Courts is now the “author’s own intellectual creation” for subject matter falling within the scope of the Information Society Directive.As discussed in our previous post, there has been ambiguity and debate about whether the UK’s unusual provision on computer generated works, s 9(3), operates as an exception to that originality requirement. [read post]
11 Aug 2016, 5:35 pm
IP & Privacy Exploring Privacy as Commons Katherine Strandburg & Brett Frischmann Knowledge production/privacy as highly related, not orthogonal/opposed. [read post]
10 Feb 2020, 8:57 am
Incongruent w/harmonization goals. [read post]
10 Mar 2017, 1:06 pm
The Alternativa Bolivariana para los Pueblos de Nuestra América (ALBA), the command economy alternative to the free trade model of globalization, is one of the greatest and least understood contributions of Cuba to the current conversation about globalization and economic harmonization. [read post]
24 Aug 2016, 2:11 pm
In determining whether the statute is ambiguous, we consider the `canons of interpretation’ listed in Minnesota Statutes § 645.08 (2014), and interpret the statute as a whole to `harmonize and give effect to all its parts,’ presuming that the Legislature `intended the entire statute to be effective and certain. [read post]
12 Apr 2013, 9:14 am
We don’t have problems with a dual system; the problems arise with the relationship between the TM system which incorporates trade names and unfair competition proper, which is regulated separately and hasn’t been harmonized because there’s no clear idea about how the ban on misleading marketing connects with the TM system. [read post]
10 Aug 2017, 9:38 am
IP Theory The Boundaries of Intellectual Property: A Preliminary Exploration of Constitutional Salience –Amy KapczynskiWhat IP law is about: what values beyond efficiency we might be able to say this law serves. [read post]
19 Jun 2016, 3:49 am
It suggests the move from the practice of regulatory commands to the psychology of risk and compliance as a means of harmonizing administrative oversight with private regulation, monitoring and enforcement. [read post]
7 Jan 2016, 9:21 am
This preference for a single and coherent harmonized international law represents a consistent approach by the Ethics Council and contributes to the construction of a transnational governance legality that is intermeshed with but autonomous of the national systems within which portions of transnational actions are taken. [read post]
19 Sep 2018, 10:52 am
In July 2018, the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights released the first official draft of the legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises. [read post]
3 Jan 2013, 9:04 am
And indeed, the last twenty years has highlighted the most impossible task of harmonizing Argentine and Brazilian trade cultures, much less of bringing sustained and coherent trade cultures among the most powerful members of the MERCOSUR group. [read post]
24 Mar 2014, 6:16 am
The ObamaCare subsidies challenge, Halbig v. [read post]
6 Jun 2018, 4:07 pm
One Ancient Mosaic (18-CV-04420) that the importer failed to supply an accurate description of the ancient mosaic, listed a false value for the artifact, entered a false country of origin, failed to classify the mosaic under the correct Harmonized Tariff Schedule, and failed to declare the artifact as an antiquity. [read post]
4 Apr 2014, 4:57 pm
Modes and Venues for ReformModerator: Nancy E. [read post]
30 Apr 2016, 12:10 pm
First Amendment Theory and Coverage Moderator: Ash Bhagwat Jane Bambauer, Derek Bambauer Information LibertarianismPresenter: Morgan Weiland: Important ongoing debate about expansion of 1A doctrine to cover commercial and corporate speech. [read post]
3 Feb 2024, 10:59 am
One way to harmonize might be to make it more important/more directly connected to TM liability. [read post]
2 Dec 2017, 2:56 pm
(Pix © Larry Catá Backer 2017)As in past years (here, here, here, and here) I am again happy to report on the annual United Nations Forum on Business and Human Rights. [read post]
2 Jun 2019, 4:40 am
The directive has officially been approved by the EU Council and is due to go into force by 7th June 2019, wherein member states have been given a mandate of 2 years to harmonize the provisions with domestic laws. [read post]
3 Mar 2025, 6:31 pm
Pix credit here Tariffs have always been a multi-use tool. [read post]
7 Aug 2015, 8:36 am
Copyright History Shyam Balganesh University of Pennsylvania Law School The Questionable Origins of the Copyright Infringement Analysis Jerome Frank’s infamous/canonical © infringement test from Arnstein v. [read post]
