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28 Dec 2019, 3:22 am
[para 40]The fact that the colour red would be one of the several essential characteristics does matter, because (1) since the shape was not considered as the sole essential characteristic of the mark, it fundamentally defeated the invalidation grounds under s. 3(2)(a), (b) and (c) of the 1994 Act on the shape specific exclusions; and (2) it defined the sign at issue as not a 'colour per se' mark.[2] Is the colour ‘red’ defined with sufficient clarity… [read post]
14 Sep 2018, 12:24 pm by Barry Sookman
Accordingly, the Court remitted the matter back to the Federal Court to determine the issue. [read post]
25 Jan 2016, 5:45 pm by Kent Scheidegger
In the proceeding, evidence may be presented as to any matter that the court deems relevant to the nature of the crime and the character of the defendant and shall include matters relating to any of the aggravating or mitigating circumstances enumerated in subsections (5) and (6). [read post]
4 Apr 2010, 7:49 pm by cdw
Stuard, supra, I believe the evidence establishes that the present matter was handled in a similar manner as that of his co-defendant. [read post]
21 Dec 2015, 12:25 pm
’ Federal Ruleof Criminal Procedure Rule 32.2(b)(1)(B). [read post]
17 Apr 2009, 1:29 pm
COMPARATIVE PRIVATE INTERNATIONAL LAW CONFERENCE 8-11 SEPTEMBER 2009 UNIVERSITY OF JOHANNESBURG TUESDAY 8 SEPTEMBER 2009 WELCOMING ADDRESS Prof P H O'Brien Executive Dean: Faculty of Law University of Johannesburg OPENING ADDRESS Member Executive Leader Group University of Johannesburg KEY-NOTE ADDRESS (I) Reconciling classic private international law with fidelity to constitutional values Prof C F Forsyth University of Cambridge United Kingdom PRIVATE… [read post]
27 Sep 2019, 2:49 am by Dennis Crouch
  Id. at 1330–31 (Moore, J.); see also id. at 1316–22 (O’Malley, J.) [read post]
25 Jan 2011, 11:12 pm by The Legal Blog
(supra) while advocating a pragmatic and humanistic approach in less serious offences, Thomas, J. speaking for the majority in a Bench of three learned Judges, explained the scope of clause (b) to Section 313(1) of the Code as follows :"The word "shall" in clause (b) to Section 313(1) of the Code is to be interpreted as obligatory on the court and it should be complied with when it is for the benefit of the accused. [read post]
22 May 2011, 4:03 am
These were:(a) The Digicash ecash system; (b) The Open Market Technical White Paper OM-TransactTM: Technical Overview; (c) The Dr Dobbs Journal on-line article entitled ‘Implementing a Web-Shopping Cart’; (d) Telstra’s prior Australian patent application no 19173/97 (which concerned an automated telephone connection system); and, (e) A patent in the name of Hitachi.The Hearing Officer considered each in turn (at [64] to [73]). [read post]
21 Dec 2017, 7:09 am
AmeriKat looks at the Court of Justice of the European Union response to Arnold J's questions in Case C-567/16 which held that an end of procedure notice does not amount to a granted marketing authorization for purposes of Article 3(b). [read post]
11 Jul 2017, 12:45 pm
C'est qu'en effet, le droit des brevets confère un monopole limité pour permettre au titulaire de bénéficier de la récompense financière qu'il mérite, promouvant ainsi l'innovation. [read post]
28 Jul 2008, 1:16 pm
Ct. at 2100 (Blackmun, J., concurring) (noting that the outcome of the case depended in large part on Wisconsin's fine-only penalty). [read post]
26 Nov 2018, 11:30 pm by Guido Paola
Hence the minutes:“...irreversibly determined the matter at stake concluding the proceedings in refusal of the subject application and adversely affecting the applicant’s divisional application.” – (point 9.B, page 12 of 22, Petitioner’s Reply)XVII. [read post]