Sentences with phrase «proprietary interest»

While trade secrets, trade connections, confidential information, customer lists, and goodwill have been recognized as legitimate proprietary interests, an employer has no proprietary right per se to its customers.

Here, they have been used mostly by blockchain startups as a means to fund projects or business ideas by issuing digital «tokens» to subscribers who pay using mechanisms including prominent cryptocurrencies — such as bitcoin or ether — or through fiat currency in order to acquire proprietary interests in the business or project.

North's approach is consistent with the following statement of Brennan CJ in Mabo, which illustrates how the analogy to common law proprietary interests ensures the capacity of the common law to protect native title.

Given that the path to injunctive relief is paved with proprietary interest, employers should be mindful of certain practices and procedures regarding LinkedIn.

The Appellant made a root and branch attack on the trial judge's dismissal of his claims to various proprietary interest in various properties and to a quantum meruit.

By using or accessing this Service you agree to comply with all state and federal laws that protect MomLifeTV proprietary interest in the material appearing on the Service and the web site.

For the majority of instructors who are not power users with tech, navigating hundreds of apps with inconsistent integrations with the Learning Management System, as well as data silos locked down by proprietary interests, still represent significant barriers to more widespread adoption of plug - and - play principles.

I don't see Microsoft taking a long - term proprietary interest in Nook; I do see them interested in a partnership (which is what they own abt 20 % of right now).

There's little proprietary interest in the images.»

Claiming refusal to release these data as respect for proprietary interest seems a devious misrepresentation.

«I am not a lawyer, but I have legal experts advising me on this matter, and they say the matter is quite clear: There is no waiver where the parties have a common interest in the documents, including a shared copyright interest and a shared proprietary interest in protecting your scholarly works under the scholarly works exemption to FOIA statute.

Inventor's oath and declaration changes, changes allowing entity having sufficient proprietary interest to file without inventor

Lord Clarke (para 46) agreed with Lord Justice Moore - Bick that the principle of «honest dealing» was not an independent principle limiting the cope of third party debt orders otherwise than by reference to recognised proprietary interests.

It seems that the sui generis [unique] nature of native title (whose identity as a common law proprietary interest is questioned) broadens the base of those who would normally have standing to challenge a claim for land: for respondents do not need to show an interest in land.

For instance, the clause must be necessary to protect a legitimate proprietary interest of the employer and it must be drafted in such a way that it is not viewed as being overbroad, too lengthy or ambiguous.

The result of this and subsequent cases is that public employee's First Amendment rights can be limited if the government has a legitimate «proprietary interest in directing or controlling the individual's speech.»

Public domain refers to the body of creative works and knowledge in which no person, government or organization has any proprietary interest such as a copyright.

Though they are not engaged, there is a proprietary interest, mutually held.

«I can see no reason why depriving someone of his proprietary interest in a trade mark for a tobacco product (however much it may be in the public interest to do so) should be different in principle from any other deprivation in which compensation is required,» legal opinion by Lord Hoffmann provided for the consultation by tobacco giant Philip Morris said.

Authorised Users and Subscribers acquire no proprietary interest in the Service or Materials and except as expressly permitted by these terms and conditions and may not use the Service or the Materials in any way that infringes the intellectual property rights in them.

The best and most effective way to protect the proprietary interests of these corporations, and more importantly our liberty, is to tell Pearson and A.I.R that they can keep their damned tests and opt our children out.

On the other hand guard dogs assume a proprietary interest in the animals, living with the herd all the time.For many years predator control has been a major problem for the American livestock industry.

On the other hand guard dogs assume a proprietary interest in the animals, living with the herd all the time.

Grabner states, «How these [Midwest] artists decide how they are used and by whom is an open question, but there would appear to be little or no proprietary interest in the images themselves.

«Art builds on itself; if artists start to claim a proprietary interest in their artwork, the advance of art gets stopped in its tracks.»

The Research Foundation has a proprietary interest in several technologies, which include fully issued domestic and international patents, and patent applications that are patent - pending.

Laurentian themes give way, in the law report, to the parties» proprietary interests in the Shropshire cottage.

If necessary, you can ask the editor to sign a simple Non-Disclosure Agreement (NDA) to protect your proprietary interests.

Once the employer has established a proprietary interest entitled to protection, the Court will consider whether that interest could have been adequately protected by other less restrictive measures.

Those partners with the economic horsepower to threaten or destroy the firm view the firm as insiders with a proprietary interest — not as claimants seeking to extract as much as possible from the organization.

Generally, an employer has no proprietary interest in its customers.

In demonstrating that a restrictive covenant is reasonable, the employer must establish that it has a proprietary interest in need of protection.

If enforced, such a restriction would prevent Dr. Park from engaging in a wide range of work, including work that had nothing to do with the practice of optometry, and could not be said to be the minimal restriction necessary to protect IRIS's proprietary interests.

It may be that a proprietary interest can be argued in your favour; however the rights and remedies that you have are drastically reduced in comparison to those available to persons who are married or in a civil partnership.

The court recognized that «Where the owner of a copyright has granted an exclusive licence, it has temporarily granted a proprietary interest in the copyright itself to the exclusive licensee», citing Copyright Act § 13 (7).

You acquire no proprietary interest in the Online Services, Materials, or copies thereof.

Whether the majority or the minority is correct in their interpretation of Garcia's ability to claim a proprietary interest in her performance, Garcia's claims may have had a different outcome had Garcia been able to assert a moral rights claim.

But contractual limitations amounting to a complete restraint of trade or which do not protect a legitimate proprietary interest of the employer will not be upheld.

[16] It is well established that a beneficiary has a proprietary interest in and a right to production of any document relating to advice sought and obtained by an executrix or trustee in connection with the administration of an estate.

Both sides cited cases which stand for the same basic proposition: A beneficiary has a proprietary interest in and is entitled to production of documents relating to advice sought and obtained by a trustee in connection with the administration or management of, for instance, a pension plan, or an estate (see Froese v. Montreal Trust Co. of Canada [1993] B.C.J. No. 1529 (S.C.), aff'd [1993] B.C.J. No. 1847 (C.A.); Re Ballard Estate [1994] O.J. No. 2281 (Gen. Div.)

The correct test where the claim has a real prospect of success is in three stages: to consider (i) whether the children had a seriously arguable case that they would succeed at trial in obtaining a proprietary interest in the property; and if so (ii) whether either or both parties would be adequately compensated by a damages award; and if not (iii) where the balance of convenience between the parties lies.

Further the court found that Mr Randall had no proprietary interest in the inheritance as indicated by the fact that the amount he would receive would not benefit or suffer with the rise and fall of any assets distributed to Mrs Randall in specie.

If the court is asked to grant such a remedy and determines that a declaration of constructive trust is warranted, then the proprietary interest awarded pursuant to that remedy will be deemed to have arisen at the time when the unjust enrichment first occurred.»

In addition, the court applied its own older decision in Tank Lining Corp. v. Dunlop Industrial Ltd. (1982), where it held that in all cases a party's entitlement to enforce a restrictive covenant was based on the protection of a legitimate or proprietary interest, such as the goodwill of a business in a commercial context or the confidential information unique to an employment.