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10 May 2016, 4:30 am
Blogging, calling others names, denigrating the institution - none of that matters. [read post]
30 Oct 2018, 2:27 pm
U.S. citizenship is one of the most valuable things in the world, and we generally don't let people get hugely valuable things because of the criminal acts (even if only mildly criminal) of their parents, or for that matter because their parents were lawfully visiting the U.S. at a particular time. [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]
2 Oct 2017, 6:31 am
BigBen France).This extension of jurisdiction includes orders for remedies such as the provision of information, accounts and documents by defendants, orders to pay damages and costs etc (all of which are matters of national law).Use of images of goods corresponding to the designsA 2D image of a 3D design may be an "act of reproduction" subject to various exceptions including "for the purpose of making citations" (Article 20(1)(c) of… [read post]
4 Feb 2014, 3:59 am
As this blog has highlighted previously, this may have the effect of confining the applicability of the CJEU’s earlier ruling in Case C-128/11 UsedSoft [one of this Kat's obsessions: see here] to subject matter that falls exclusively within the scope of the Software Directive. [read post]
7 Mar 2014, 10:33 am
As a matter of principle, the CJEU held that, in light of the public-policy interest that Article 7(1)(e) of CTMR pursues, it applies both to two- and three-dimensional signs, excluding their registration wherever their essential characteristics perform a technical function. [read post]
27 Oct 2018, 5:59 am
When it comes to the interference with fundamental rights it has also been established that blocking orders are compatible with such rights (C-314/12 (UPC Telekabel)). [read post]
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]
21 Jul 2021, 6:17 am
” Local Rule 54.1(c)(3), (4). [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]
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]
