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This article discusses the legal status of links, in connection with the pending cases before the Court of Justice of the European Union in Svensson, C More and BestWater. Hyperlinks, deep links, framed links and embedded links are discussed. It focuses on the Opinion of the European Copyright...
Persistent link: https://www.econbiz.de/10014153227
This paper analyses what the decision in Bolagsupplysningen and Ilsjan (C-194/16) means for transborder intellectual property infringement disputes. In this case, the Court of Justice of the European Union extended “the centre of interests” basis of jurisdiction under Art. 7(2) of EU...
Persistent link: https://www.econbiz.de/10014112226
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In some countries an IP owner’s attempts to defend or enforce its IP rights in a conventional way may face difficulties, particularly if the country’s judiciary is not able to effectively render justice since it lacks the necessary resources, if the courts are subject to interventions by the...
Persistent link: https://www.econbiz.de/10014360282
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As is typical of a Breyer opinion, Unicolors v. H&M—the only IP decision this Term—illuminates the distinction between mistakes of fact and of law and explains the reasoning by virtue of a brief hypothetical. Imagine someone (named John) who sees a flash of red in a tree and blurts out,...
Persistent link: https://www.econbiz.de/10013297240
Contemporary intellectual property law applications illustrate a very dynamic and rapidly evolving conceptual environment. The proverbial conflict has been between the protection of intellectual creation and the general freedom to create de novo, including expressions of one’s intellect that...
Persistent link: https://www.econbiz.de/10014172643
This contains the basic rules of procedure in filing cases for violation of intellectual property rights. Jurisprudence on infringement of patents, trademarks/tradenames and copyrights are also discussed
Persistent link: https://www.econbiz.de/10014143056
[The] Internet phenomenon has ... created an immense conundrum in copyright circles. The problem, starkly stated, if difficult to resolve, is this: if copyright works can easily and speedily be copied, revised, distributed, transmitted or otherwise manipulated in cyberspace, can copyright still...
Persistent link: https://www.econbiz.de/10014028630
Outer space ... shall be the province of all mankind. The historic launch by the then Union of Soviet Socialist Republics (“USSR”) of Sputnik I on October 4, 1957 signaled the beginning of the space race. The following years witnessed such seminal events as the placing of men in orbit and...
Persistent link: https://www.econbiz.de/10014190610