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20 Oct 2019, 1:59 am
As readers know, this is a profoundly un-harmonized area of the law, and different approaches are in place across different EU Member States. [read post]
6 Oct 2019, 11:14 am by Giles Peaker
The most recent assessment had merely stated that Ms E and her son might be disabled, when there was clear evidence that both were. [read post]
18 Aug 2019, 2:38 pm by Giles Peaker
This is something I’ve been mulling over for a while, and have sounded off about in conversations, but the ongoing proliferation of housing disrepair claims farmers (and associated solicitors) has pushed me to go public with something of a rant. [read post]
12 Aug 2019, 4:22 am by Dáire McCormack-George
Accordingly, the member states should support the right to education, in particular those facing disadvantages, or having special needs. [read post]
16 Jun 2019, 12:27 pm
***The IPKat's DSM Directive SeriesDSM Directive Series #1: Do Member States have to transpose the value gap provision and does the YouTube referral matter? [read post]
14 Jun 2019, 2:15 am by Adeline Chong
This inference does not depend on there being an independent basis for the chosen court to assume jurisdiction (eg, by way of choice of law agreement), or on the number of courts named in the clause. [read post]
11 Jun 2019, 12:48 pm
However, that court has also confirmed that, while Article 10(2) ECHR leaves little room for restrictions on freedom of expression in political matters, Contracting States enjoy a wide margin of discretion when they regulate freedom of expression in the commercial field (see, eg, Ashby Donald, para 39).In any event, the potential conflict between freedom of expression - whether commercial or artistic - and image rights has also emerged elsewhere, including in the US. [read post]
28 Mar 2019, 12:02 pm
The DSM Directive provides a current example of this: its provisions are so complex that in essence the “battlefield” has moved from Strasbourg and Brussels to the Member States that will need to transpose the directive.Sophie then asked the panel a recap of the 3 best and worst contributions by the CJEU.The best 3 contributions of the CJEU according to Eleonora were:The dialogue between the CJEU and the national courts, which at times has been unavoidable (eg where the… [read post]
2 Mar 2019, 4:14 am
The application sought to repress the unauthorized use of Banksy's registered trade marks and reproductions of his/her artworks in the context of an art exhibition in Milan.The text of the decision in RG 52442/2018 Pest Control Office Limited v 24 Ore Cultura s.r.l. is available here.Let's see what happened.BackgroundThe applicant, Pest Control Office, is responsible for issuing certificates of authenticity re Banksy's artworks, and for selling his artworks and organizing… [read post]
10 Feb 2019, 5:53 am by Dave
Further, there is no evidence from the council to show that a shorter period than ten years would undermine their stated objectives” ([59]). [read post]
29 Jan 2019, 8:02 am
For instance the average consumer would have to ignore the clues (eg the ® symbol and “World of FunTime”) that the mark FUNTIME is used to indicate trade origin. [read post]
20 Dec 2018, 4:28 pm by Giles Peaker
(For more on this, see the Supreme Court in  Edwards v Kumarasamy [2016] UKSC 40 – our note ). [read post]