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Europe’s top court has dismissed an attempt by a Dutch cheese maker to copyright its cream cheese, saying that the taste of a food product does not qualify for copyright protection.
In a ruling seen as a blow for the food industry, Dutch company Levola Hengelo, maker of a cheese spread called Heksenkaas or witches’ cheese, took rival Smilde to court for making what it said was a copy of its product and hence infringed its copyright in the taste of the cheese. The Dutch court subsequently sought guidance from the Luxembourg-based European Court of Justice (ECJ), but the ECJ judges backed the July recommendation of the court adviser saying ‘the taste of a food product is not eligible for copyright protection.’
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PACIFIC & ORIENT INSURANCE CO BHD v. HAMEED JAGUBAR SYED AHMAD [2018] 9 CLJ 691
FEDERAL COURT, PUTRAJAYA
ZULKEFLI AHMAD MAKINUDIN PCA, RICHARD MALANJUM CJ (SABAH & SARAWAK), HASAN LAH FCJ, AZAHAR MOHAMED FCJ, AZIAH ALI FCJ
[CIVIL APPEAL NO: 02(f)-137-11-2017(P)]
24 SEPTEMBER 2018INSURANCE: Policy – Construction of policy – Motorcycle accident – Motorcyclist bought insurance policy 12 hours after accident occurred – Whether insurer liable for accident which occurred prior to issuance of insurance policy – Failure of motorcyclist to disclose accident had already occurred at time policy was issued – Whether breach of s. 150(1) of Insurance Act 1996 – Whether assumption of risk commences from time of payment of premium – Insurance Act 1996, s. 141 – Insurance Regulations 1996, regs. 63 & 64
INSURANCE: Policy – Construction of – Motorcycle accident – Motorcyclist bought insurance policy 12 hours after accident occurred – Whether insurer liable for accident which occurred prior to issuance of insurance policy – Cover note – Whether policy includes cover note – Whether insurance policy took effect from date of cover or from time of issuance of cover – Policy mentioned date and time of issue in cover note – Whether a special contract – Insurance Act 1996, s. 141 – Insurance Regulations 1996, regs. 63 & 64
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CASE(S) HIGHLIGHT
Uber rape case: Cab driver Shiv Kumar Yadav found guilty, faces life imprisonment
More than 10 months after a 25-year-old woman was raped and sexually assaulted inside a radio taxi in the national capital, a fast-track court in Delhi Tuesday convicted cab driver Shiv Kumar Yadav, holding him guilty on charges of rape and endangering the life of the victim. Yadav, a former driver of Uber taxi service, faces a maximum punishment of life imprisonment.
Read more Judgment Sentencing Decision
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ARTICLE HIGHLIGHT
There's no accounting for taste
EU court rules taste cannot be copyrighted in setback for food industry in Dutch witches' cheese case.
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Airline pilot was unfairly dismissed over fear of flying
UK EmploymentDismissed pilot should have been offered alternative role, given opportunity to discuss positionA Flybe pilot who lost his job in 2017 after he developed a fear of flying has won an unfair dismissal claim at an employment tribunal. First officer Matthew Guest, who was based in Birmingham, had been flying with the airline for seven years when he began to suffer anxiety after being promoted and switching aircraft type in 2014. An employment judge ruled that Guest should have been offered an alternative role and given the opportunity to discuss his position with senior managers at the regional airline.
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The 'gig economy' for lawyers continues to expand
Number of UK 'platform' lawyers up 29% in a year, crossing the 1,000 mark, as research report highlights LSE listing of Keystone Law. The number of UK lawyers working for ‘platform’ law firms has increased 29% to 1,035 in 2018, up from 803 in 2017, shows new research by Hazlewoods, Chartered Accountants and Business Advisers who specialise in the legal profession.
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I'll be there for you
ROI is not just about the money. Legal services get devalued when firms forget that law should be about helping fellow human beings. It’s clear that brand is important. But all work is not good work. Ultimately, a law firm stands out for what it says NO to every bit as much as what it says say YES to. So it is important to make sure the ROI is an accurate representation of what will be premium valued by the firm as its return on investment (ROI).
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Irish statistics for whiplash damages published for the first time
Claimants in 55 per cent of Irish whiplash cases received a total award of between €10,000 and €20,000 in total damages. In 88 per cent of whiplash cases, the claimant received a total award of under €30,000. The Irish Personal Injuries Assessment Board (PIAB) has reported that the average award in whiplash cases in Ireland during the first six months of 2018 was over €20,000. According to the figures - published for the first time by PIAB - the average award was €18,581 in general damages (pain and suffering) plus €1,456 in special damages (medical expenses, loss of earnings).
CASE(S) OF THE WEEK
