Posts

Showing posts with the label law

Can a business recover compensation if a state fails to protect its intellectual assets? The decision in Eli Lilly & Co. v Canada suggests "maybe".

Image
Downing College, Cambridge Photo I Hunte r Reproduction licensed by the copyright owner Source Wikipedia Jane Lambert Case No. UNCT/14/2  Eli Lilly & Co. v Government of Canada, (16 March 2017) ICSID At 10:00 on 17 Aug 2017 I shall give a talk to the IP Summer School at Cambridge entitled  Bilateral Investment Treaties & Exporters' Rights Post-Brexit .   If you want to hear it there is still space on the course.  There are lots of distinguished speakers  who will speak on many other interesting topics . There will also be an exhibition, reception and other social events.  You can book your place  here . Why this is topical The reason I have been asked to speak on the topic is that "securing new trading agreements with other countries" is one of the objectives announced in the Brexit white paper . Unfortunately, many of the countries that we might wish to approach are on the US Trade Representative's watc...

Sometimes a Euro-Defence does work: Samsung v Ericsson

Image
European Commission Author:  Amio Cajander Source Wikipedia Creative Commons Licence A Euro-defence is an answer to a claim for the infringement of an intellectual property or other right under national law based on the primacy of European Union law. In the early days of our membership of what used to be called the European Economic Community such defences were pleaded quite regularly and they often succeeded. Probably the high water mark was Magill  ( Radio Telefis Eireann and Others v Commission of the European Communities   [1995] 4 CMLR 718, [1995] EUECJ C-241/91P, [1995] EMLR 337, [1995] All ER (EC) 416, [1995] ECR I-743, [1995] FSR 530, [1998] Masons CLR Rep 58) where the Court of Justice held that the enforcement of broadcasters' copyrights constituted an abuse of a dominant position within the meaning of art 86 of the Treaty of Rome (now  art 101 of the Treaty on the Functioning of the European Union as it has now bec...

LawCamp Leeds: 7 April 2009

Image
Embarrassingly, I am not the first to blog this event. That honour (if such it be) goes to Nick Holmes of Binary Law (see " Brainstorm on Web Law at LawCampLeeds "). And while you are there look at some of the other things on Nick's blog like the Free Legal Web which I commend and to which I hope shortly to contribute.   Nick also has the honour of organizing what appears to have been the first legal BarCamp anywhere and certainly the first in the UK. And that event was to float, develop and promote the Free Legal Web . "Now what is BarCamp " I hear some of you say. Nothing to do with barristers except that this barrister is helping to organize one.   Probably the best introduction to the BarCamp concept is provided by Wikipedia : " BarCamp  is an international network of user generated conferences — open, participatory workshop-events, whose content is provided by participants." If you have never actually been to a BarCamp you can get an idea from...