Court : UK Supreme Court
..... envisages the litigation of foreign intellectual property rights and, third, the professional and academic bodies which have considered the issue, the american law institute and the max planck institute, clearly favour them, at any rate where issues of validity are not engaged. 110. there are no issues of policy which militate against ..... substantive ramifications. separate resolutions can prevent a court from hearing all of the evidence relevant to the action and from using its understanding of how a technology is utilized to inform its decision on the scope of the right. bifurcating validity and infringement can also increase the parties' costs. " 95. the ..... triple damages under the lanham act. the whole judgment remains unsatisfied. lucasfilm also commenced proceedings in the chancery division of the english high court. the re-amended particulars of claim put forward a variety of claims under english law, including infringement of copyright (paras (1) to (10) of the prayer for relief .....
Tag this Judgment!Court : US Supreme Court
..... a cable system operator, it seems clear, after turner broadcasting, that such a requirement would be found to violate the operator's first amendment rights" (footnotes omitted)); ugland, cable television, new technologies and the first amendment mter turner broadcasting system, inc. v. f. c. c., 60 mo. l. rev. 799, 837 (1995) ("peg ..... public forum, 34 ucla l. rev. 1713, 1753 (1987). we have allowed content-based limitations of public fora, but only when necessary to serve specific institutional ends. see perry, 460 u. s., at 48 (school mailboxes, if considered designated public fora, could be limited to mailings from "organizations that engage in ..... 258 (materials so filed hereinafter fcc record) ("in 88% [of new york public access systems] access channels were programmed jointly between the cable operator and another institution such as a university, library, or non-profit access organization"); id., at 28-32, fcc record; comments of n ational cable television association inc., at 14 .....
Tag this Judgment!Court : US Supreme Court
..... through modes and mechanisms that must be allowed to change in response to the demands of an interested public. as communities have grown and technology has evolved, concerted speech not only has become more effective than a single voice but also has become the natural preference and efficacious choice ..... feca 315, impose unconstitutional editorial control upon candidates and their campaigns. the paul plaintiffs argue that by imposing economic burdens upon them, but not upon the institutional media, see 2 u. s. c. 431(9)(b)(i) (exempting any news story, commentary, or editorial distributed through the facilities of any ..... acceptable alternative. to the extent 201 requires advance disclosure, it finds no justification in its subordinating interests and imposes greater burdens than the first amendment permits. section 212, another disclosure provision, likewise incorporates an advance disclosure requirement. the plaintiffs challenge only this advance disclosure requirement, and not the .....
Tag this Judgment!Court : US Supreme Court
..... review the remedies available in each state for patent infringements and surmise what kind of recovery 8 see generally dueker, biobusiness on campus: commercialization of university-developed biomedical technologies, 52 food & drug l. j. 453 (1997); bertha, intellectual property activities in u. s. research universities, 36 idea: j. l. & tech ..... at 519, to invoke 5, congress 628 628 florida prepaid postsecondary ed. expense bd. v. college savings bank syllabus must identify conduct transgressing the fourteenth amendment's substantive provisions, and must tailor its legislative scheme to remedying or preventing such conduct. pp. 634-639. (b) here, the underlying conduct ..... no. 98-531. argued april 20, 1999-decided june 23, 1999 mter the patent and plant variety protection remedy clarification act (act) amended the patent laws to expressly abrogate the states' sovereign immunity, respondent college savings bank filed a patent infringement suit against petitioner florida prepaid postsecondary .....
Tag this Judgment!Court : US Supreme Court
..... the act to catch unsuccessful solicitors or fraudulent offerors with no photos to sell; rather, it feared that [t]he mere prospect that the technology exists to create composite or computer-generated depictions that are indistinguishable from depictions of real children will allow defendants who possess images of real children ..... the line between protected and unprotected speech, guaranteeing the suppression of a category of expression previously protected, and reducing recent and carefully considered first amendment precedents to empty shells are heavy prices, not to be paid without a substantial offset, which is missing from this case. hence, my ..... heightened scienter requirements described ante, at 9 10, contain an element of lasciviousness. the dissent argues that the statute impermissibly undermines our first amendment precedents insofar as it covers proposals to transact in constitutionally protected material. it is true that proof that a pornographic but not obscene representation .....
Tag this Judgment!Court : UK Supreme Court
..... with advice given by members of the legal profession, which, in modern english and welsh terms, includes members of the bar, the law society, and the chartered institute of legal executives (cilex) (and, by extension, foreign lawyers). that is plain from a number of sources, which speak with a consistent voice. 30. first, ..... about money-laundering transactions or tax avoidance schemes. finally, there was a brief discussion in the committee stage of the finance bill 2008 of a proposed amendment to schedule 36, which substantially re-enacted the various powers of the revenue departments to requisition documents or information. schedule 36 as enacted does in fact allow ..... withhold material requisitioned by the revenue if they constitute communications for the purpose of giving or obtaining advice about a client's tax affairs. the proposed amendment was directed to the fact that whereas the advice of lawyers was to be privileged in the hands of both the adviser and the client, the corresponding .....
Tag this Judgment!Court : UK Supreme Court
..... 6 december 2002 annex ix (financial services) to the eea agreement was amended by the incorporation of directive 2001/24/ec of the european parliament and of the council of 4 april 2001 on the reorganisation and winding-up of credit institutions ("the directive"). landsbanki islands hf ("landsbanki") and its wholly owned ..... judicial authorities of the home member state shall alone be empowered to decide on the implementation of one or more reorganisation measures in a credit institution, including branches established in other member states. these reorganisation measures are to be applied in accordance with the laws, regulations and procedures applicable in ..... : notification and publication". regulation 7, which is in that part, provides: "the general law of insolvency has effect in relation to uk credit institutions subject to the provisions of this part." there then follow provisions dealing with various procedural matters, such as consultation with the financial services authority prior .....
Tag this Judgment!Court : UK Supreme Court
..... confers on the court of justice jurisdiction to give preliminary rulings concerning (a) the interpretation of the treaties and (b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the union. in the present case, it is the court's jurisdiction to rule on the interpretation of the vat directives which is ..... in accordance with the principles laid down by and any relevant decision of the cjeu: section 3 of the european communities act 1972, as substituted by the european union (amendment) act 2008, section 3 and the schedule, part 1. and where a question is referred to the cjeu for a preliminary ruling, it is our duty to ..... council directive 67/227/eec of 11 april 1967 on the harmonisation of legislation of member states concerning turnover taxes ("the first directive"), and the sixth directive, as amended by council directive 95/7/ec of 10 april 1995. these are translated into domestic law by the value added tax act 1994. it is sufficient to refer .....
Tag this Judgment!Court : UK Supreme Court
..... order for the applicant's detention on remand took two months and 22 days, which was considered excessive. the grand chamber emphasised the right of persons who have instituted proceedings challenging the lawfulness of their deprivation of liberty to a speedy judicial decision, and the strict standards laid down by the court in that respect (paras 106- ..... justified on the basis of an assessment of the risk which they continued to present. 5. steps have been taken to address the problem. the 2003 act was amended by the criminal justice and immigration act 2008, with effect from 14 july 2008, so that ipp sentences are no longer mandatory. in addition, the board has been ..... ". 3. the board is responsible for the release of prisoners sentenced to life imprisonment and those serving ipp sentences. under section 28(5) of the 1997 act as amended, the secretary of state is required to release a life or ipp prisoner who has served his tariff period if the board has directed his release. section 28(6 .....
Tag this Judgment!Court : UK Supreme Court
..... requirement of objective rationality requires the court to read in words which parliament did not use. furthermore, as walker j observed in edo mbm technology ltd v axworthy [2005] ewhc 2490 at para 36, in enacting the act parliament was significantly extending the reach of the criminal and ..... st. thomas's nhs trust [2007] 1 ac 224); and campaigns against the employees of an arms manufacturer by political protesters (edo mbm technology ltd v axworthy [2005] ewhc 2490 (qb)). 2. the present appeal arises out of an action for damages for harassment and for an ..... reason for extending the scope of the act beyond what parliament intended. if parliament wished to amend the legislation in order to apply it to persons such as the appellant, it could do so; and, if it contemplated such an ..... amendment, it could also consider whether, and if so how, it wished to preserve the immunity which had until now .....
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