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27 Oct 2021, 12:47 am
Understanding copyright as a dynamic right that can protect both mundane types of works, like installation instructions to a product, as well as high art, is both correct and laudable, but litigants are recommended to tread lightly on the outskirts of what is traditionally considered to be protectable subject matter. [read post]
22 Oct 2013, 9:44 pm
So subsection (c) governed. [read post]
18 Jan 2017, 7:49 am
The government has said that although it does not regard the Regulation as outlawing the existing UK voluntary parental controls regime, to put the matter beyond doubt it will introduce an amendment to the Digital Economy Bill to put the parental controls scheme on a statutory basis. [read post]
14 Apr 2019, 1:32 am
The overall impression given by the trade mark applied for to the relevant public must be taken as a basis (C‑136/02 P ‘Maglite’). [read post]
17 Jul 2013, 5:01 pm
Thus the Board is of the opinion that the existence of individual solubility maxima below 1000 bar for certain oils such as Jojoba oil cannot support the enablement of the claimed process for all raw-material-specific oils or fats.What matters […] is that studies of the solubility behaviour of trigycerides during the extraction of the vegetable oil from the vegetable raw material in CO2 have shown that there is no solubility maximum in the region of up to 1000 bar between… [read post]
17 May 2017, 3:53 am
While the CJEU confirmed the general principle of UsedSoft in its more recent (2016) decision in Microsoft, C-166/15 [here], it remains unclear whether and to what extent this conclusion can be extended to works other than computer programs and that fall under the scope of the general EU copyright directive, ie the InfoSoc Directive.In his Opinion [here] in VOB, C-174/15 (an e-lending case) Advocate General (AG) Szpunar held the… [read post]
19 Aug 2019, 11:40 pm
As such, the trade mark owner’s right to prevent the use of its trade mark on the grille is limited by Art. 14(1)(c) EUTMR, which applies where the use of the trade mark is "necessary" and " the use made by the third party is in accordance with honest practices in industrial or commercial matters" (Art. 14(2) EUTMR). [read post]
21 Jul 2021, 6:17 am
” Local Rule 54.1(c)(3), (4). [read post]
11 Aug 2013, 1:28 pm
In that instance, the offense would be a misdemeanor of the second degree pursuant to section 812.014(2)(c). [read post]
30 Nov 2015, 3:34 am
"* Looking back over this GreeKat shoulder… Part I: Thou shall plain pack no matter what you sellNikos, a.k.a. the GreeKat (good one!) [read post]
27 May 2015, 6:00 am
(see CPLR 217[1]; see also Matter of Biondo v New York State Bd. of Parole, 60 NY2d 832, 834 [1983]). [read post]
21 Nov 2013, 9:49 am
20 ILCS 2520/4(c). [read post]
17 May 2017, 3:01 am
While the CJEU confirmed the general principle of UsedSoft in its more recent (2016) decision in Microsoft, C-166/15 [here], it remains unclear whether and to what extent this conclusion can be extended to works other than computer programs and that fall under the scope of the general EU copyright directive, ie the InfoSoc Directive.In his Opinion [here] in VOB, C-174/15 (an e-lending case) Advocate General (AG) Szpunar held the… [read post]
22 Jun 2015, 1:25 pm
The letter, which reads like an effort by the FDA to moot the matter and protect its ground, says, in essence, “Whoa, whoa, whoa. [read post]
12 Sep 2023, 4:34 am
Moreover, given the implications of Bill C-18 and blocked news links, government information may only be available directly from the original source on some services, thereby increasing the importance of unfettered access. [read post]
7 Jul 2012, 1:41 am
Oracle's motion is moot. 23 C. [read post]
27 Mar 2012, 8:46 am
The author of this blog is Douglas C. [read post]
16 Dec 2016, 12:27 pm
This means that if a defendant moves for summary judgment, all matters of witness credibility and other potential unresolved inferences must be made in favor of the plaintiff. [read post]
7 Dec 2009, 4:02 am
Id. at 636 (stating that "[t]his problem arises in a variety of different contexts and in many permutations; matters of degree are involved and there is probably no single rule that resolves all situations"). [read post]
20 Feb 2010, 4:48 am
Strip searches, thus, are not a matter of course for searches incident either to arrest or detention. [read post]