Registrability in UK Law
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Bridging the Divide between Rights In Personam and Rights In Rem in Land Transactions: A Comparative Perspective of Australian and South African Law
... ... In Registrar of Deeds (Tvl) v. the Ferreira Deep Ltd , 119 De Villiers CJ, whilst dealing with the registrability of a right in the deeds office, mentioned a special category of a personal right that exists prior to registration of a real right: ... That ... ...
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Ilanah Fhima and Dev S. Gangjee, The Confusion Test in European Trade Mark Law, Oxford: Oxford University Press, 2019, 278 pp, hb £125.00.
... ... of confusion? Once that discussion isbroached one needs to distinguish between distinctiveness for infringementand distinctiveness for registrability purposes. With these conceptual issuesneutralised, the book reverts to its primary strength of distinguishing in detailbetween a range of practical ... ...
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Shaving the Trade Marks Directive Down to Size?
... ... of the exceptions, together with the question of the extent to which policy concerns should be built into other parts of the test of registrability. 13 In the United Kingdom these issues were recently addressed by the Court of Appeal in Philips Electronics NV v Remington Consumer Products Ltd ... ...
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Lords Design Constraints
... ... to parts of an article which ‘must match’ another article.6 The introduction of these restrictions upon registrability reflects a belief that problems exist in relation to complex products which do not correspond to the image of the commodity ... ...
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A Square Foot of Old Scotland: Ownership of Souvenir Plots
... ... Para 4.32 ... The Scottish Law Commission Report on Land Registration notes, “[w]e have seen it suggested that the non-registrability of souvenir plots means that ownership in them passes by simple contract. That is not so.”10 ... Report on Land Registration (Scot Law Com No 222, ... ...
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The Intersection between Registered and Unregistered Trade Marks
... ... grounds in the TMA for rejecting an application that are relevant when considering how unregistered marks impact upon decisions as to registrability. The first ground for rejecting an application to register a mark that needs to be considered in this context is found in s 42(b). That section ... ...
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The Distinction between Real Rights and Personal Rights in the Deeds Registration System of South Africa – Part Two: Pragmatic Distinction between Real Rights and Personal Rights*
... ... list of entitlements of ownership, 35 the following entitlements of ownership of land may come into play within the context of the registrability of rights, namely the entitlements: (a) to use and enjoy ( ius utendi ); (b) to possess ( ius possidendi ); (c) to enjoy fruits ( ius fruendi ); and ... ...
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Index
... ... structure orders 543 Declaratory relief easements and profits 14, 31n17 lawfulness of use or development of land, wrong remedy 396 registrability of land as village green, wrong remedy 81n43 restrictive covenants 277, 311, ... 313n62 Defence, land used for purposes of 215 see also ... ...
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The Land Registration Act 2002 – the Show on the Road
This article reviews the Land Registration Act 2002, taking advantage of the deeper perspective afforded by the intervening decade, and absorbing subsequent developments – and, in the case of the A...... ... property interests arising in such ways at all, rather than solely in ways where the acquirer will know of the interest and of its registrability, or certainly can be advised about these things. But the wider position, having been 58 [2011] UKSC 53; [2012] 1 AC 776. 59 A belief in a precise ... ...
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Notes of Cases
... ... that this is not an insuperable obstacle but merely requires the application of the test which determines the registrability of designs under section l(3) of the Registered Designs Act 1949. It is, therefore, submitted that the approach of Lord ... ...
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