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" "I have always held that a case in a court of justice should be open for all and for newspapers to report.
The Right Honourable Alfred Thompson Denning, Baron Denning, OM, PC (23 January 1899 – 5 March 1999), most commonly referred to as Lord Denning, was a British barrister from Hampshire who became Master of the Rolls (the senior civil judge in the Court of Appeal of England and Wales).
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This is the first case in which in this court we have had to consider the Treaty of Rome. It comes about because of a tin can. If you should go for a picnic or camping, you will be likely nowadays to take with you something to boil water. One of the most useful is a tin can containing butane gas in liquid form. It is a small round tin, 3½ inches high and 3½ inches in diameter, with a domed top. The tin is completely airtight. When you want to use it, you fit it into a holder, pierce the top, and light the flame. It is a very ordinary sort of tin, but the first one of its shape was made by a French company called Application des Gaz S.A. I will call the company the "French Gaz" company, and the tin the "Gaz" tin. There is no copyright in the tin. But there is, or may be, copyright in a drawing of it which was made beforehand. The drawing was made by M. Robert Faure, a French citizen. He made it 18 years ago. France is, of course, a member of the Copyright Convention. French citizens are entitled to the protection of our copyright law, just as our own citizens.
[The European Court of Justice is impudent and] a French court, dominated by continental thinking. The judicial thinking in the European court is entirely contrary to the English system of justice. It was started by the French and the court thinks in continental ideas; the Germans are coming in too. It is dominated by continental thinking.
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What is the argument on the other side? Only this, that no case has been found in which it has been done before. That argument does not appeal to me in the least. If we never do anything which has not been done before, we shall never get anywhere. The law will stand still whilst the rest of the world goes on; and that will be bad for both.