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1 Mar 2013, 10:59 am
As from 10 January 2015, the recast will replace Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. [read post]
21 Feb 2013, 2:49 am
To that same effect, I consider it appropriate finally to point out that, in accordance with the need, repeatedly acknowledged by the Court, for the uniform application of European Union law, the interpretation of the term ‘third party’ in Article 9(1) ... cannot but extend to the analogous term set out in Article 5(1) and (2) of Directive 2008/95/EC, which is framed correspondingly". [read post]
31 Jan 2013, 8:58 am
What is interesting is that although UPS rejected the “upfront buyer” solution, it was willing to negotiate and sign the agreement prior to the adoption of an EC decision (“fix it first” solution). [read post]
30 Jan 2013, 7:10 am
In a speech at the EC Justice Council meeting in Dublin 18 January 2013, Vivian Reding, European Commissioner for Justice, Fundamental Rights and Citizenship, demonstrated her commitment to continuing the “good progress” made on the EU Proposed Data Protection Framework (Proposed Framework). [read post]
28 Jan 2013, 3:44 am
Gibus explains the issue further: Since Brussels I regulation (EC 44/2001) is referred to in this judgement, I jump on this to raise two issues which seem to not have been considered by any Kat interested by the Unitary Patent here. [read post]
26 Jan 2013, 4:08 pm
In December 2006 European Parliament and of the Council of the European Union adopted the recommendation (see Recommendation 2006/952/EC). [read post]
25 Jan 2013, 7:59 am
Albrecht also recommends that organisations’ ability to rely on legitimate interest basis for processing data be limited to “exceptional circumstances,” where it would be possible for data controller’s interests to override the fundamental rights and freedoms of data subjects. [read post]
24 Jan 2013, 8:21 am
It should consider whether the application of the levy to such a chain of devices, or to individual devices within the chain, provides a fair balance of rights and interests between rightholders and users. [read post]
15 Jan 2013, 3:16 pm
UCITS funds are governed by the UCITS Directive (2009/65/EC) and are authorized for sale to the retail market. [read post]
1 Jan 2013, 11:51 pm
Article 7 of Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure must be interpreted as governing exhaustively the requirements to be met by an application for a European order for payment. [read post]
26 Nov 2012, 5:52 am
As the case has just been referred, the UK Intellectual Property Office (IPO) is offering those interested the possibility to comment on it by 3 December 2012. [read post]
25 Nov 2012, 1:00 pm
The Law Article 5 of Directive 2008/95/EC sets out the rights of a registered trade mark owner which include, under Article 5(1) and Article 5(3), affixing an identical sign to identical goods or to the packaging thereof and the offering, importing, exporting or using of the sign on business papers and in advertising. [read post]
24 Nov 2012, 7:14 am
It therefore ordered that the aid be recovered by France, with interest, from its beneficiaries. [read post]
22 Nov 2012, 5:27 am
The medical showed that Mr Samin’s depression had long pre-dated his homelessness and there was little prospect of him obtaining employment even if he did obtain more settled accommodation.CommentI’ll be interested to see how county courts interpret this decision. [read post]
22 Nov 2012, 5:27 am
The medical showed that Mr Samin’s depression had long pre-dated his homelessness and there was little prospect of him obtaining employment even if he did obtain more settled accommodation.CommentI’ll be interested to see how county courts interpret this decision. [read post]
20 Nov 2012, 6:57 am
The UK IPO in turn sends the notifications on to the “interests” (including CIPA and, I think, the IPKat) in a round of consultation, but the communication route usually means that these interests receive word of the cases with no more than a few days to respond to UK IPO. [read post]
30 Oct 2012, 7:14 am
Merpel finds it difficult to believe that a search can be considered diligent if one knows who the copyright owner is] Article 6(2): “The organisations … shall use an orphan work … only in order to achieve aims related to their public-interest missions, in particular the preservation of, the restoration of [this is tricky, says Merpel. [read post]
30 Oct 2012, 6:41 am
Merpel finds it difficult to believe that a search can be considered diligent if one knows who the copyright owner is] Article 6(2): “The organisations … shall use an orphan work … only in order to achieve aims related to their public-interest missions, in particular the preservation of, the restoration of [this is tricky, says Merpel. [read post]
29 Oct 2012, 5:07 pm
An interesting and potentially important corollary to the recent judgment of the Court of Appeal in the case between Samsung and Apple ([2012] EWCA Civ 1339) was the development of a new form of order requiring the publication by the losing party (in this case Apple) of a summary of the judgment. [read post]
15 Oct 2012, 10:18 pm
However, it is pertinent to note that a clear distinction has been made between the investment interest and ownership interest, the latter being excluded as an investment company. 2. [read post]
