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9 Mar 2011, 5:37 am
McB. v L.E. 5 October [2010] ECR I-nyr at paragraph 53 the Third Section of the Court of Justice of the European Union (“CJEU) interpreted ed this provision of the Charter as meaning that where Charter rights paralleled ECHR rights the CJEU should follow any clear and constant jurisprudence of the European Court of Human Rights. [read post]
9 Mar 2011, 12:22 am
McB. v L.E. 5 October [2010] ECR I-nyr at paragraph 53 the Third Section of the Court of Justice of the European Union (“CJEU) interpreted ed this provision of the Charter as meaning that where Charter rights paralleled ECHR rights the CJEU should follow any clear and constant jurisprudence of the European Court of Human Rights. [read post]
8 Mar 2011, 2:14 am
In particular the texts of the Trade Mark Directive and the Community Trade Mark Regulation should be rewritten to match what the Court of Justice said they actually meant in eg Case C-292/00 Davidoff v Gofkid [we've all got used to the law now, so it would be a shame to spoil things by changing it -- but hasn't the ECJ's ruling in Davidoff done quite a bit to clutter the register by extending trade mark protection way past that which the law explicitly provided?] [read post]
7 Mar 2011, 12:24 am
Supreme Court’s Morrison v. [read post]
25 Jan 2011, 1:30 am
The event in question was Galileo International Technology LLC v European Union (formerly European Community) [2011] EWHC 35 (Ch), in which Mr Justice Floyd in the Chancery Division, England and Wales, delivered his judgment last week. [read post]
14 Jan 2011, 9:20 am
This can be shown most clearly in the field of international IP legislation. [read post]
11 Jan 2011, 9:43 pm
In Nova v Mazooma [2007] EWCA Civ Jacob LJ explained that this was “an aspect of UK copyright law untouched by any EU harmonisation. [read post]
6 Jan 2011, 7:17 am
var docstoc_docid="68557277";var docstoc_title="Ten Solo and Small Firm Trends 2011";var docstoc_urltitle="Ten Solo and Small Firm Trends 2011";Ten Solo and Small Firm Trends 2011 [Editor's Note This is a long, long post - so you can read it here as a post in its entirety, or download it as a PDF (above)] Once again, it’s that season when, a blogger’s fancy turns to top trends (H/T Alfred Tennyson). [read post]
2 Jan 2011, 6:38 am
My ex-wife used to roll her eyes when I said, as one does, non haec in foedera veni [Lord Radcliffe in Davis Contractors Ltd v. [read post]
18 Dec 2010, 4:18 pm
524/06 Heinz Huber v. [read post]
12 Dec 2010, 10:00 pm
The higher principle of the supremacy of EU law was established independently of the ECA, in cases such as Costa v ENEL. [read post]
2 Dec 2010, 9:16 am
Finn.Finn, John E.Chantilly, VA : Teaching Co., c2006.KF4750 .F56 2006 DVDCivil RightsKF372 .J36 2010Root and branch : Charles Hamilton Houston, Thurgood Marshall, and the struggle to end segregation / Rawn James, Jr.James, Rawn.New York, N.Y. : Bloomsbury Press, 2010.Civil RightsKF4155 .S77 2010Mendez v. [read post]
28 Nov 2010, 2:06 pm
Besides such political issues, the two opinions G 3/08 (12 May 2010) of the Enlarged Board of Appeal of the EPO and Bilski v. [read post]
28 Nov 2010, 1:38 am
One example for this development is the Tax Recovery Directive 76/308/EC (later: 2008/55/EC, now: 2010/24/EU) on the mutual assistance for the recovery of claims relating to taxes, duties and other measures – an instrument, which has been gradually extended to all taxes levied by the Member States. [read post]
27 Nov 2010, 12:13 pm
Nonetheless, in the face of Article 9 of the Charter of Fundamental Freedoms of the EU, the Court relented a little. [read post]
20 Nov 2010, 2:01 am
This can be a heavy burden, particularly where the charge is a grave one, but requiring defendants to prove truth is not incompatible with Article 10: see McVicar v UK (2002) 35 EHRR 22; Steel v UK [2005] EMLR 314. [read post]
3 Nov 2010, 1:21 am
General Bell tolls for biodiversity benefit-sharing treaty (IP Watch) Ministers arrive to help reach outcome at UN convention on biodiversity (IP Watch) Delegates see UN protocol against biopiracy within reach (IP Watch) Pfizer and Biocon sign global commercialisation agreement on biosimilars (Patent Docs) Brazil: Paragraph 6 system: Brazilian intervention at the WTO TRIPS Council (KEI) Canada’s intervention to TRIPS Council: Experience using the System (Apotex-Rwanda Case) (KEI) China: Patent… [read post]
25 Oct 2010, 10:45 pm
The EU Charter of Fundamental Rights R (S) v. [read post]
21 Oct 2010, 9:37 pm
Prison law was not even a field in its own right back then, but a branch of administrative law emanating from a branch of public law. [read post]
18 Oct 2010, 3:07 am
(IPKat) (PatLit) (IAM) EU patent: Translation into ‘language customary in the field of international technological research’ (ip:jur) EU patent: Italy joining Spain in fight against three-languages-regime (ip:jur) CJEU – DHL Express (France) v.Chronopost - territorial scope of the injunction granted by a community trademark court (EPLAW) Database on geographical indications protected in the European Community for spirits (IPKat) France Court of… [read post]
