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makes a strong case for more reliability with respect to SEP essentiality. Stakeholders report that recorded declarations create a de facto presumption of essentiality in negotiations

way as had always been the case in the analogue environment. The problem with Art. 5 has always been in the phrasing. What exactly is meant by ‘essential’ and what is meant by ‘no

court, except in cases where the infringer did not know or have any reason to believe that infringement was taking place. The normal measure of damages in civil cases takes account of

trademark. This is an interesting case but, as with all interesting cases, perhaps creates more questions than answers. There have been many cases of trademark owners losing their

subsidiary Fixtures Marketing lost a number of cases at the CJEU. These cases are discussed in depth below, but the key finding of these cases was that the database of football fixtures

been one major case on copyright and fanfiction. It is not a case involving traditional fanfiction, that is, the written word stored in an online database; this case involved video

the case of Infopaq International A/S v Danske Dagblades Forening as requiring that: The act is temporary; it is transient or incidental; it is an integral and essential part

identify the essential features or integers possessed by the patented product. These are then compared with those of the competing product. If the latter replicates the essential elements

extremely bullish in finding this would not be the case: I consider that the present case is clearly distinguishable from that case ( SABAM ). Quite simply, the Studios are not seeking

Harrow Borough Council, and Rhondda Borough Council. 55 Case DA/90 24/49/5. 56 Case DA/90 24/49/3. 57 Case DA/90 24/49/2. 58 Case DA/90 24/49/4. 59 s. 6. 60 Information Commissioner’s

libel law … the present case is a multi-jurisdictional case. It is also a case in which all the constituent elements of the torts occurred in England … In such cases it is not unfair that

good faith was necessary in the case of this contract to ensure business efficacy, the court examined a range of case law and noted that: The modern case law on the construction of contracts

one would claim the play is about Ophelia or Laertes, but they are essential for the story of Hamlet. So is the case of personal data. Personal data is, in Auld LJ’s words, information

to software. It is essential, however, that whatever form the next generation of software protection takes we do not repeat the mistakes of the look and feel cases of the 1980s and 1990s

reference to our final CJEU case in this section, Interflora Inc. v Marks & Spencer plc. 42 Case study Interflora Inc. v Marks & Spencer plc This case originated in the UK and

identified a case for the introduction of reform, considerable additional impetus came with the failure of the prosecution in the case of R v Gold. 19 The defendant in this case, together

until the landmark Supreme Court case of Feist Publications Inc v Rural Telephone Service Co Inc 17 signalled a significant change of direction. The case concerned the extent of copyright

Hannover case was being heard by the ECtHR, the House of Lords was considering privacy at English law. The case was Campbell v MGN. 18 Again this is a non-internet case but it forms

Yahoo!-type cases remain rare, relative to the underlying conditions which cause them. A case which reflected the Yahoo! France case emerged in 2012 as another case was brought

conditions are fully respected, it is essential that access of the competent national authorities to retained data should, as a general rule, except in cases of validly established urgency