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19 Dec 2018, 4:36 pm by INFORRM
This has been established law since the decision in Clayton v Clayton [2006] EWCA Civ 878; [2007] 1 FLR. [read post]
14 Dec 2018, 3:05 am
This means that Member States cannot go beyond that list, and something like the German provision:would not be 'saved' by the grandfather clause in Article 5(3)(o). [read post]
11 Nov 2018, 1:19 pm by Giles Peaker
Mayflower Cambridge Ltd v Secretary of State for the Environment (1975) 30 P & CR 28  was a planning case, concerning hotel use. [read post]
17 Oct 2018, 3:59 am
FIL Ltd v Fidelis Underwriting [2018] EWHC 1097, High Court of England and Wales (May 2018)The use of FIDELIS for specialty insurance and reinsurance services does not infringe FIDELITY for financial services, holds Mr Justice Arnold. [read post]
10 Sep 2018, 11:35 pm
While a limited number of Member States in the EU has already introduced (UK, France, Germany and Estonia: see here) or is planning to introduce (eg Ireland, on which see Katposts here and here) a specific text and data mining exception, in the context of the current copyright reform debate, a provision (Article 3) has been included in the draft Directive on copyright in the Digital Single Market. [read post]
13 Aug 2018, 12:22 pm by J
Whilst it goes too far to say that a CFA could never be allowed, the decision in R v (Factortame Ltd) v Secretary of State for Transport, Local Government and the Regions (No.8) [2003] QB 381 suggested that, at the very least, it should be flagged up early in the proceedings as it may go to admissibility. [read post]
25 Jul 2018, 10:43 am
 The first is the idea/expression dichotomy, which excludes protection for a recipe as such, this being an idea that has not yet been expressed in some form, eg in writing. [read post]
21 Jul 2018, 4:52 pm by INFORRM
There are three reasons why I think the case of Sir Cliff Richard v BBC is wrongly decided. [read post]
15 Jul 2018, 3:05 am
It confirms that in principle a design court in a EU Member State has jurisdiction to consider remedies, including damages, also in relation to infringing activities occurred outside the territory where the court seised has its seat. [read post]
24 Jun 2018, 1:35 am by INFORRM
In The Secretary of State for the Home Department & Anor v TLU & Anor [2018] EWCA Civ 2217 the Court of Appeal, was asked to review one aspect of Mr Justice Mitting’s decision in TLT & Ors v The Secretary of State for the Home Department & Anor [2016] EWHC 2217 (QB). [read post]
20 Jun 2018, 4:55 pm by INFORRM
’ The Court has ruled in several cases that the ‘goodwill’ in applicants’ businesses can be a ‘possession’, and as such can be protected by A1P1 (eg Van Marle v The Netherlands). [read post]
11 Jun 2018, 1:00 am by Matrix Legal Support Service
R (Hallam) v Secretary of State for Justice; R (Nealon) v Secretary of State for Justice, heard 8-9 May 2018. [read post]
25 Mar 2018, 3:59 am
Should the lens have been different (eg quotation, criticism/review), perhaps a different outcome might have been possible.Finally, reliance on freedom of expression alone appears reserved to quite exceptional cases, and the Versailles court seemed to confirm this point. [read post]
15 Mar 2018, 9:25 am
This is an interesting decision, not only in terms of the uncommon amount of the awarded damages for the infringement of this “sui generis” right, but in understanding how evidence (regarding the infringement, and not the other requirements, eg effort, investment…etc…) should be gathered and produced in similar cases. [read post]
8 Mar 2018, 9:01 pm by Georgina Hey (AU)
A company called dkcb Pty Ltd opted to bring a auDRP complaint in 2017 (dkcb Pty Ltd v Eveready Pty Ltd). [read post]