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14 Dec 2018, 3:05 am
Moses PelhamEarlier this week The IPKat reported that Advocate General (AG) Szpunar has now issued his (non-insubstantial: 100 paragraphs) Opinion in Pelham, C-476/17 (the Metall auf Metall case). [read post]
17 Mar 2024, 9:26 am by Eleonora Rosati
That would be certainly a possibility as not only the Berne Convention (Article 2(3)) mandates the protection of inter alia “other alterations of … artistic work”, but derivative works have been also held protectable under UK law (think of the famous Hyperion Records v Sawkins [IPKat here] as an example). [read post]
6 Mar 2011, 7:35 pm by Kevin Pitts
State, Dept. of Highway Safety & Motor Vehicles v. [read post]
5 May 2019, 8:18 am by John Floyd
Bush in December 2001, handed down a decision, Committee on the Judiciary v. [read post]
15 Apr 2020, 1:25 am by Eleonora Rosati
This means that Member States might (though they are not obliged to) “address that dynamic concern by granting rightholders ‘rights to receive fuller information’. [read post]
22 Mar 2020, 10:18 am by Nedim Malovic
However, the exercise of that freedom may be subject to restrictions or penalties as are prescribed by law and are necessary in a democratic society, with regard to (among other things) the rights of others.As a matter of principle, it is important to recall that the ECHR regulates a state's obligations to individuals and does not have a direct effect on the civil liability in proceedings between individuals.When it comes to criminal liability for copyright infringement, the European… [read post]
5 Jan 2023, 12:40 am by Eleonora Rosati
International – Compagnia Generale Distribuzione s.p.a. v Zorro Productions Inc.).In delivering its new judgment in the long-running (15+ years and counting!) [read post]
7 Jan 2019, 9:19 am
| The IP term (thus far) of the millennium: the curious story of the adoption of "patent troll" and "internet trolling" | No pain, no gain: Plausibility in Warner-Lambert v Actavis | Testing the boundaries of subjectivity: Infringement of Swiss-type claims in Warner-Lambert v Actavis | Is SPINNING generic? [read post]
28 Dec 2018, 4:17 pm by INFORRM
Issues under consideration include whether the EU Charter of Fundamental Rights can be relied upon to justify exceptions or limitations beyond those in the Copyright Directive (Spiegel Online GmbH v Volker Beck, C-516/17;  Funke Medien (Case C-469/17) (Advocate General Opinion 25 October 2018 here) and Pelham Case 476/17); and whether a link to a PDF amounts to publication for the purposes of the quotation exception (Spiegel Online GmbH… [read post]
30 Jul 2019, 9:46 am by Ben
Although it has been admitted by the NIKE legal representatives that  Kawhi Leonard had submitted a design, they have gone on to state that it is a false claim that the design was the “Claw” design, as reported in the Bulletin. [read post]
29 Dec 2017, 7:34 am by Ben
In the UK in FAPL v BT [2017] Mr Justice Arnold concluded that the High Court has the jurisdiction to make an order against an access provider that would require the ISP to block access not to a website but rather streaming servers giving unauthorised access to copyright content - 'live' blocking. [read post]
30 Dec 2018, 3:03 am by Ben
Court of Appeals, Ninth Circuit in Folkens v Wyland. [read post]