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6 Jun 2021, 11:21 am by Giles Peaker
Gell could lose his property, so it is a matter which concerns me. [read post]
Jens Adolphsen, Lehrstuhl für Bürgerliches Recht, Nationales und Internationales Zivilverfahrensrecht und Sportrecht€ 199 Patents as an Incentive for Innovation by Rafal Sikorski, Zaneta Zemla-Pacud€ 136 [read post]
3 Jun 2021, 9:07 pm by Adeline Chong
This position is in line with the prevailing opinion in Japan according to which punitive damages are in principle contrary to Japanese public policy due to the fundamental difference in nature (civil v. criminal) and function (compensatory v. punitive/sanction) (For a general overview on the debate in Japan, see Béligh Elbalti, “Foreign Judgments Recognition and Enforcement in Civil and Commercial Matters in Japan”, Osaka University Law Review,… [read post]
31 May 2021, 11:57 pm by Eleonora Rosati
The reference can appear unusual and also questionable, but it is not the first time that an Italian court refers expressly to the doctrine of US fair use in deciding a dispute under Italian law (see also Court of Milan, July 13, 2011, Foundation Alberto et Annette Giacometti v Fondazione Prada in a case of “transformative use”). [read post]
31 May 2021, 6:47 am by Chukwuma Okoli
In Maska, the focus was on what it labeled as “territorial jurisdiction for breach of contract” in inter-state matters. [read post]
26 May 2021, 8:40 pm by Adeline Chong
The Court noted the difficulty in applying requirement (b) to a foreign judgment because the principle of conclusiveness (Godard v Gray (1870) LR 6 QB 139) prohibits re-opening the merits of the foreign decision (note that this is potentially challenged above but only in respect of Singapore law matters). [read post]
22 May 2021, 2:46 pm
  However, that does not entail preservation of all the elements of which the system consists: cf Secretary for Justice v Lau Kwok Fai & Anor[39]; applied in Catholic Diocese of Hong Kong v Secretary for Justice[40] ; (b) there is no challenge to the constitutionality of NSL 46(1); and (c) in view of: (i) the special status of the NSL as a national law enacted with a specific purpose of safeguarding national security; and (ii) the… [read post]