Thursday, February 14, 2008
Canadian Trademark Blog. e.g. ICANN Proposal to end Domain Tasting.
cearta.ie required reading: The Internet and the Project of Communications Law.
Charon QC In News round up… and a thought for Valentine’s day… we liked this statement "One does tend to meet unusual people outside pubs - smokers, over refreshed people… and sometimes the odd King".
China Law Blog had to move "Thanks to China's Great Firewall blocking us in China". Their most recent posting is How To Learn Chinese Law. Do Try This At Home. (what you hear is hysterical laughter).
China Business Law Blog 中國商法博客. We love the posting at Microsoft Falls One Step Behind in Protecting “Windows”, as the CTMO (China Trademark Office) has opened the doors to the Windows for we spectacle carriers. We quote: "China Trademark Office (CTMO) dealt another blow to American software giant Microsoft in January 2008. Reportedly (here and here), it rejected Microsoft’s opposition of the registration of a trademark “Windows”by a Ningbo eye glass company. The company successfully registered “视窗” (“Shi Chuang”, which means windows of vision) in 2001, and it later tried to register “Windows” in 2003 for glasses (Class Nine)." Be assured, that in areas where Microsoft patents, copyrights and trademarks prevail, we are not so foolish as to apply "Windows" as a word to those things in our house that let the light in during the day to let us enjoy our viewed "Vista" - we call them "Gates". Branding.
The Chinese Law Prof Blog of Donald C. Clarke informs us about a Chinese protective car-part tariff that was too much for the WTO: "Beijing has a minimum local content requirement of 60 percent for home produced cars and if this is exceeded, it then levies the same tariff on the vehicle as it would if it was imported completely built." But is this any diferent than cultural protection laws? We quote the New Rules Project (a bit outdated): "Cultural protection laws are one way to keep national creations from disappearing. Thus many U.S. trading partners with open borders for everything from shoes to computers maintain strict quotas and tariffs on foreign audiovisual content. All European Union countries require at least 50 percent of television programming to be of European origin. Similar laws exist in Malaysia, Hungary and Poland. In Israel, Canada, France, Malaysia and elsewhere a certain percentage of radiocontent must be of local origin or in the national language. And countless countries impose quotas or levies on foreign films, including China, Korea, Venezuela, France, Italy, Spain, Brazil, Indonesia, India, Egypt and Taiwan".
Codigo-civil.net at La sharia y la ley inglesa: excepción de orden público? has a translation of Top judges in key ruling on sharia marriage, an article in the Observer by Mark Townsend.
cogito ergo teneo; an intellectual property blawg, is a "blawg dedicated to reporting on recent U.S. copyright, trademark, and trade secret law, as well as any other interesting intellectual property news." A case covered here in copyright law is Loretta Lynn v. Sure-Fire Music Company, 6th U.S. Circuit Court of Appeals, No. 06-5358 (June 6, 2007) to which cogito writes: "Pertinent issue of Copyright Law: 1) Does federal copyright law automatically preempt any state claims over penned lyrics? Conclusion: No."
Comparative Law Blog has a recent posting on Vargas on Mexico's Legal System (Includes: 'Best Mexican Law Websites').
ConflictOfLaws.net (in association with the Journal of Private International Law, sponsored by Clifford Chance LLP) has e.g. a recent posting on Choice of Law in the American Courts in 2007: Twenty-First Annual Survey.
Conglomerate hits the nail on the head in identifying a blockbuster of a new financial headache, sovereign wealth funds, i.e. as the SEC has written, "the participation of government-owned commercial investment funds in the U. S. capital markets".
contentandcarrier covers European electronic communications and media law, like “Keep law and form and due proportion”* - ECJ on IP-addresses for IP-rights.
CopyCense. See European Union Rejects ISP Filtering.
Copyfight, how about Like YouTube for Business Documents which is about Docstoc.com.
Corporate Governance Blog at Harvard Law School, a recent posting is On Being a Corporate Lawyer.
Counterfeit Chic, with Camelot, the sequel, a posting about Michele Obama at the Larry King Show (see the CNN Video).
CrimLaw. How about Who Wants an Unrepresented Defendant? by Ken Lemmers.
Customs Law. See News on Border Searches of Computers.
Bag and Baggage by Denise M. Howell (who coined the term "blawg) writes at Always that "Talking about sex is a picnic compared to this stuff." We see she has discovered Gaping Void (right column).
Balkinization has expanded (left column). Interesting is the post Predicting Presidential Elections, 2008 Edition, referring to the work of Yale economist Ray Fair and his "econocentric" econometric formula.
Bank Law Blog (.uk) looks at banking in England, like Running onto the Rock? in the aftermath of the Northern Rock scandal.
Becker-Posner Blog takes on Mr. Money in Bill Gates on Corporate Philanthropy--Posner.
Bibliotheksrecht, Library Law in German by Eric Steinhauer, who has a Doctor of Laws degree. For those of our readers who speak or read German, Eric Steinhauer is a German librarian
(Dr. jur. Eric W. Steinhauer, Bibliotheksrat an der Bibliothek der Technischen Universität in Ilmenau/Thür : Librarian, Technical University of Ilmenau; Lecturer for Library Law, Bavarian Library School/Bavarian State Library in Munich, Germany ) who has two blogs, Bibliotheksrecht (Library Law) and Skriptorium, and a website Bibliotheksrecht und Bibliothekswesen focusing on library law, library science and academic publication. Among his own publications is the presentation in English, "Digital library services and the amended copyright act in Germany", 20 November 2007, International Round Table "Digital Libraries and Copyright", Riga, Latvia.
Binary Law ("Legal Information in the Digital Age") has a recent posting we particularly like creatively called DIG it, among other things quoting K. Krasnow Waterman, as Binary Law (Nick Holmes) writes in what he calls "High-level stuff for you digital lawyers":
"K has also blogged recently on “accountability appliances” (artificial intelligence as applied to legal and regulatory rules).
The law is a world of intense structure [but] the lawyers valued most highly are not those who are most structured. Instead, it is those who are most creative at manipulating the structure - conjuring compelling arguments for extending a concept or reading existing law with just enough of a different light to convince others that something unexpected supersedes something expected. … an accountability appliance we build now should address the former and not the latter."Blawg Review views itself as a Carnival of Law Bloggers.
Blawg Search (Justia) has a law blog directory and the ability to search legal blogs.
Blickpunkt Recht & Steuern is a German blog in German on law and taxes by Udo Meisen. Interesting for this writer as a resident of the Rhineland-Palatinate and as a cigarillo smoker - especially in pubs and combined with a good German beer - is the posting Weiterrauchen in Rheinland-Pfalz, where Meisen writes that a limited temporary restraining order regarding execution of the new non-smoking law has been issued by the Constitutional Court of the Rhineland-Palatinate (Verfassungsgerichtshof Rheinland-Pfalz) (Leitsatz, Beschluss VGH A 32/07 u.a.) to the new near blanket non-smoking law applicable in all public buildings and in all pubs and restaurants effective February 15, 2008.
That law does however permit pubs and restaurants to set up separate small rooms for smokers, but some pubs consist of only one small room so that setting up a smaller separate room is impossible, for which reason the law had been challenged by such pub owners. This has now brought them temporary success, as a temporary restraining order was issued until the constitutionality of the law, which has been challenged, is determined. The temporary restraining order to the execution of the non-smoking law applies only to one-room pubs run by single proprietors, who must however put up a special sign at the door warning visitors that they are a legal temporarily allowed smoking pub. The order is subject to extension after 3 months. The decision, in German, is found here, with our excerpt of the main operative text in German below:
"Auf die Anträge der Beschwerdeführer zu 2) bis 6) wird das Inkrafttreten von § 7 des Nichtraucherschutzgesetzes Rheinland-Pfalz vom 5. Okto¬ber 2007 (GVBl. S. 188) bis zur Entscheidung über die Verfassungsbeschwerden insoweit einstweilen ausgesetzt, als die Vorschrift sich auch auf Ein-Raum-Gaststätten erstreckt, die ausschließlich inhabergeführt sind. Derartige Gaststätten dürfen einstweilen in der bisherigen Art weiterbetrieben werden, wenn neben der Betreiberin/dem Betreiber keine weiteren Personen als Beschäftigte oder als Selbständige im laufenden Gastronomiebetrieb tätig sind, es sei denn, dass es sich hierbei lediglich um eine Mithilfe von volljährigen Familienmitgliedern der Betreiberin/des Betreibers handelt. Diese Gaststätten müssen ferner am Eingangsbereich deutlich sichtbar auf die Raucherlaubnis hinweisen.
Diese einstweilige Anordnung gilt mit der Möglichkeit der Verlängerung gemäß § 19a VerfGHG zunächst für die Dauer von drei Monaten. "
BLOG@IP::JUR is a blog by Axel Horns ("Dipl.-Phys. Axel H Horns is Patentanwalt (German Patent Attorney), European Patent Attorney as well as European Trade Mark Attorney") writing in English on Intellectual Property Law, for example, a recent posting on Patents on Computer-Implemented Inventions: UK Courts Inching Towards EPO Positions?
Brett Trout posts on patents, trademark and copyright issues. Read his take on the current state of patents at It's Hard Out Here for a Patentee.
Stuart Buck at The Buck Stops Here in New Paper on Judicial Bias comments on Blinking on the Bench: How Judges Decide Cases and points to "other studies showing the effect of anchoring bias in judicial decisionmaking". This is very useful information for litigators or, for that matter, for anyone who in negotiations of any kind, written or oral, faces someone who is a decision-maker or plays a role in making decisions affecting the negotiator.
Business Golf Blog. Planning a Golf Tournament?
ABA Journal Blawg Directory. This directory includes over 5000 law-related blogs. LawPundit is included as "Featur[ing] news and commentary on legal issues and trends." Blawgs can be found either by category or by the keyword search box. Each week a legal weblog is featured at the top of the page. Currently featured is Today in Legal History, a joint production of FindLaw for the Public and Justice Talking, "a public radio show about law and American life".
ACS Blog. Blawg of the American Constitution Society for Law and Policy. Non-partisan, non-profit, educational. It calls itself "one of the nation's leading progressive legal organizations". Currently they are running a multi-part dialogue between Professor Michael Klarman of the University of Virginia School of Law and Professor Mark Graber of the University of Maryland School of Law regarding the legacy of Brown v. Board of Education.
Adam Smith, Esq. aka Bruce MacEwen, a law firm consultant, writes about the economics of large law firms. A statistical analysis of his readership shows a broader reader base which extends beyond the heavyweights.
Aktenvermerk is an Austrian blawg in German by Ingmar Greil. Er schreibt, z.B., Schengen hin, Schengen her ...
Al Nye the Lawyer Guy inter alia does reviews of books (e.g. Winning Alternatives to the Billable Hour) and also of legal software, e.g. CaseMap 5.
The Antitrust Hotch Potch is "A mix of critical comments on EC competition law and policy by Profs. Damien Geradin and Nicolas Petit". A recent posting alerts to the upcoming 22 February 2008 Conference on liability in damages for breach of EC (competition) law.
Antitrust Law Blog issues from the offices of Sheppard Mullin, who also have the blogs AdBriefs, Bankruptcy and Restructuring Law, Corporate & Securities Law, ESOP Law, Fashion & Apparel Law, FCC Law, Financial Institution Law, Government Contracts Law, Intellectual Property Law, Labor & Employment Law, and Real Estate and Construction Law.
Anythinig Under the Sun Made By Man, a blog by Russ Krajec, a registered patent attorney, has a recent posting which covers Subtle Effects of New Patent Rules – Changes to Inventor Recognition Programs.
Australian Trade Marks Law Blog by the Nicholas Weston law firm has a recent posting on "the process for the arbitration of disputes over internet domain names under the Uniform Domain Name Dispute Resolution Policy (UDRP)". A presentation by the Hon.Neil Brown, QC, a member of WIPO, is available as a .pdf (DOMAIN NAME DISPUTES AND THE UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY, A PAPER DELIVERED AT THE STATE BAR OF CALIFORNIA, Section Education Institute, January 19, 2008).
Presidential Leadership Ability Shows Up in the Primaries ... or Not : How about Leadership in Fundraising for One's Own Campaign?
"He said in a conference call today that Mr. Obama was more electable than Senator Hillary Clinton. Mr. Obama’s campaign is evidence of his leadership, he said, calling it “masterful.”
“He has out-worked her, out-organized her and out-raised her,” Mr. Wilhelm said. “I know organizational excellence when I see it, and the Obama campaign, win or lose, will serve as a model” of execution of strategy, message discipline, application of new technology and small-donor fund raising.""Leadership" - or what some call "charisma" to draw attention away from the more banal term - does not start on the day after a candidate is sworn in as the Chief Executive, which is the focus of McCain's slogan, "Ready to Lead", but has to be demonstrated on the way to get there, so that all-around executive qualities, based on professional AND life experience, should be surfacing now already, if they are at all present.
In fact, as Wilhelm's comments above verify, the reason that Obama has moved to a frontrunning position is exactly because of the positive manifestation of leadership qualities that he has. He has put together a formidable campaign machine and it is working. That indicates what he will be able to do in the future at other tasks.
Indeed, an important member of McCain's own advertising staff, Mark McKinnon, has stated that he will not campaign against Obama. Who is then the leader?
While Obama's leadership in raising funding for his campaign has been exemplary, McCain's own leadership in raising funds for himself has been less than optimal, early leading to a desperate financial situation and forcing a $3 million loan. Since then his funding has improved, but still does not show the leadership credentials that he the candidate espouses for himself. Indeed, the McCain campaign may have sources of funding in special interests, whereas Obama's funding has come principally from the nation's people as individuals.
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