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9 Mar 2019: negligence. Mens Rea in IP Law in the light of Warner-Lambert: Tests of ‘Acting for a Purpose’. ... presentation’ test. So how can any of these satisfy the ‘intrinsic’ requirement of a mental.

9 Mar 2019: contemporary (and ‘modern’) law: socio-economic value/utility of the product; balancing of interests of creator, infringer and public. ... Mens Rea in IP Law in the light of Warner-Lambert: Tests of ‘Acting for a Purpose’.

9 Mar 2019: The place of knowledge in trade secret liability. Nari Lee. Hanken School of Economics. ... cf patent law - products obtained ‘directly’ from a patented process and the English ‘matter of degree’ test in confidentiality.

9 Mar 2019: 5 STEVEN SHAVELL, ECONOMIC ANALYSIS OF ACCIDENT LAW 1 (1987) (“[B]y ‘accidents’ I. ... See Wendy J. Gordon, Fair Use as Market Failure: A Structural and Economic.

1 Nov 2019: UNRAVELLING UNFAIR COMPETITION LAW’S. MISUNDERSTOOD DEVELOPMENT. Christine Haight Farley. ABSTRACT. Tracing the development of U.S. unfair competition law reveals a sequence of events some of which we seem to have forgotten. First, we learn that

9 Mar 2019: Per Lord Sumption, 83-84. Objective test. Commercial certainty to manufacturer and third parties dealing in product. ... Sufficient protection for patentee? Charade? Further issues. How should outward appearance test be applied?

9 Mar 2019: therefore, had the test been one of subjective intention, it was not met. ... Actavis supported this as a viable alternative to a test of subjective intention.

9 Mar 2019: subjective test based on user knowledge and education (official explanation). TRADEMARK LAW. ... General framework: Art. 17 TRIPS. two-step test with concrete example. ‘Members may provide limited exceptions to the rights conferred by a trademark, such

9 Mar 2019: i) the negative economic consequences, including any lost profits, which the claimant has suffered, and any unfair profits made by the defendant; and. ... ii) elements other than economic factors, including the moral prejudice caused to the claimant by

9 Mar 2019: that the use of the later mark is or would be detrimental to the distinctive character of the earlier mark requires evidence of a change in the economic behaviour of the ... The concept of ‘change in the economic behaviour of the average consumer’