Threatening IP infringers – what you can (and can’t) say – Technology Law Update

Posted June 23rd, 2016 in bills, enforcement, intellectual property, Law Commission, news by sally

‘The UK’s unjustified threats legislation is intended to prevent IP rights-holders from abusive behaviour – threatening to sue a competitor’s customers, for example, to persuade them to take their business elsewhere. While there is still a place for these rules, they have become outdated and inconsistent between the various forms of IP. The Intellectual Property (Unjustified Threats) Bill aims to tidy up and modernise the threats rules.’

Full story

Technology Law Update, 22nd June 2016

Source: www.technology-law-blog.co.uk

Comments Off on Threatening IP infringers – what you can (and can’t) say – Technology Law Update

Hold Me Close, I’m an Academic – Panopticon

‘If I am an extremely well-regarded academic at Cambridge (don’t snigger at the back, I could be) and due to my eminence I do some unpaid voluntary work for a major international group (here, the Inter-Governmental Panel on Climate Change), the work in relation to which I do over my university email account, are those emails held by the University under the Environmental Information Regulations 2004 (“EIR”)?’

Full story

Panopticon, 10th June 2016

Source: www.panopticonblog.com

Comments Off on Hold Me Close, I’m an Academic – Panopticon

UK plans full throttle on driverless cars and broadband reform – Technology Law Update

‘Amongst the political noise of the Brexit campaign, the UK’s legislative plans set out in the Queen’s speech yesterday received less attention than usual. But there were some important points to note for the technology sector.’

Full story

Technology Law Update, 19th May 2016

Source: www.technology-law-blog.co.uk

Comments Off on UK plans full throttle on driverless cars and broadband reform – Technology Law Update

Bill-by-bill summary: Queen’s Speech at-a-glance – BBC News

‘The Queen has announced the government’s legislation for the year ahead, at the state opening of Parliament. Here is a bill-by-bill guide to what is in the 2016 Queen’s Speech.’

Full story

BBC News, 18th May 2016

Source: www.bbc.co.uk

Comments Off on Bill-by-bill summary: Queen’s Speech at-a-glance – BBC News

UK government to provide guidance on obtaining website blocking orders in copyright cases – OUT-LAW.com

‘The UK government will help rights holders to clamp down on online copyright infringement by explaining what evidence they will need to build up to win website blocking orders before the courts, according to new plans it has set out.’

Full story

OUT-LAW.com, 16th May 2016

Source: www.out-law.com

Comments Off on UK government to provide guidance on obtaining website blocking orders in copyright cases – OUT-LAW.com

Led Zeppelin’s plagiarism lawsuit: a sign of the times in the music industry – The Guardian

Posted May 10th, 2016 in artistic works, intellectual property, news by sally

‘In age of declining revenue, suing over chord progressions and samples opens a new revenue stream for disgruntled artists – but such action is nothing new.’

Full story

The Guardian, 9th May 2016

Source: www.guardian.co.uk

Comments Off on Led Zeppelin’s plagiarism lawsuit: a sign of the times in the music industry – The Guardian

Teach that judge a lesson – Technology Law Update

Posted May 4th, 2016 in expert witnesses, intellectual property, judges, judiciary, news, patents by tracey

‘Patent litigation in the English courts can be a bit of a see-saw, with experts from either side weighing in with their own perspective on technical matters. The judge must then make a choice between their views and come up with what he or she feels is the right answer.’

Full story

Technology Law Update, 4th May 2016

Source: www.technology-law-blog.co.uk

Comments Off on Teach that judge a lesson – Technology Law Update

England and Wales Cricket Board Ltd and another v Tixdaq Ltd and another – WLR Daily

Posted April 13th, 2016 in copyright, damages, EC law, intellectual property, internet, law reports, sport by sally

England and Wales Cricket Board Ltd and another v Tixdaq Ltd and another [2016] EWHC 575 (Ch)

‘The claimants owned the copyrights in television broadcasts, and in films incorporated within such broadcasts, of most cricket matches played by the English cricket teams in England and Wales. The defendants operated a website and various mobile applications (“Apps”) which used screen capture technology to copy clips of broadcast footage of sporting events and uploaded those clips to the Apps. The defendants’ uploaded a considerable number of clips of broadcasts of cricket matches, lasting up to eight seconds, to the Apps where they could be viewed by users. Users could also upload clips, together with commentary, on to the website and the defendants’ social media accounts. The claimants brought a claim for damages, alleging uploading the clips prima facie constituted breaches of sections 16, 17 and/or 20 of the Copyright Designs and Patents Act 1988. The 1988 Act did not require either broadcasts or films to be original in order for copyright to subsist in them. An issue arose as to the applicable test for substantiality in circumstances where there was no intellectual creation. The question went to both infringement, which required an act such as reproduction or communication to the public of the whole, or any “substantial part” of a work, and also to the applicability of the fair dealing defence in section 30(2) of the 1988 Act, on which the defendants relied.’

WLR Daily, 18th April 2016

Source: www.iclr.co.uk

Comments Off on England and Wales Cricket Board Ltd and another v Tixdaq Ltd and another – WLR Daily

Subject access request as precursor to litigation? No problem – Panopticon

Posted April 12th, 2016 in data protection, EC law, intellectual property, news by sally

‘Gurieva & Anor v Community Safety Development (UK) Ltd [2016] EWHC 643 (QB), a judgment of Warby J of 6 April 2016, is the High Court’s latest word on subject access requests. It illustrates some of the emerging trends in subject access litigation. It is also a salutary reminder to ensure that, for subject access request cases as for any other, adequate evidence is presented.’

Full story

Panopticon, 8th April 2016

Source: www.panopticonblog.com

Comments Off on Subject access request as precursor to litigation? No problem – Panopticon

The Institute for Capitalizing on Creativity: “Tales from the Drawing Board” – NIPC Law

Posted March 31st, 2016 in intellectual property, news by sally

‘According to the Creative Industries Economic Estimates published by the Department in January of this year, the gross value added (“GVA”) for the creative industries was £84.1 billion in 2014 and accounted for 5.2% of the UK economy. Between 1997 and 2014, the GVA of those industries increased by 6.0% each year compared to 4.3% for the UK economy. It accounted for 3.9% of UK GVA in 1997 and increased to 5.2 per cent in 2014. Those industries employed 1.8 million individuals in 2014 in both creative and support jobs. The creative industries’ exports amounted to £17.9 billion in 2013 which accounted for 8.7% of British exports.’

Full story

NIPC Law, 28th March 2016

Source: www.nipclaw.blogspot.co.uk

Comments Off on The Institute for Capitalizing on Creativity: “Tales from the Drawing Board” – NIPC Law

Hashtag applications on the rise #TimesAreChanging – Technology Law Update

Posted March 30th, 2016 in enforcement, intellectual property, internet, news, statistics, trade marks by sally

‘Research by Thomson CompuMark has highlighted the effect of the changing social media landscape on trademark applications.’

Full story

Technology Law Update, 30th March 2016

Source: www.technology-law-blog.co.uk

Comments Off on Hashtag applications on the rise #TimesAreChanging – Technology Law Update

It is illegal to screenshot and share Snapchat snaps without permission, Government minister says – The Independent

Posted March 29th, 2016 in consent, copyright, intellectual property, internet, news by sally

‘It is illegal to screenshot Snapchat picture messages and pass them to others on without consent, the Government’s culture minister has said.’

Full story

The Independent, 27th March 2016

Source: www.independent.co.uk

Comments Off on It is illegal to screenshot and share Snapchat snaps without permission, Government minister says – The Independent

The UPC – free opt-outs and UK alignment – Technology Law Update

Posted March 14th, 2016 in costs, EC law, fees, intellectual property, news, patents by sally

‘Europe’s new unitary patent is still on track, with a start date in spring 2017 now viewed as likely. Among the ongoing business of the Unified Patent Court’s Preparatory Committee a final publication on court fees and recoverable costs has recently been issued.’

Full story

Technology Law Update, 11th March 2016

Source: www.technology-law-blog.co.uk

Comments Off on The UPC – free opt-outs and UK alignment – Technology Law Update

Trunki loses ride-on animal suitcase court case – BBC News

Posted March 10th, 2016 in appeals, intellectual property, news, Supreme Court by sally

‘The founder of Trunki suitcases has predicted “chaos” after his company lost a court battle with a rival over product design.’

Full story

BBC News, 9th March 2016

Source: www.bbc.co.uk

Comments Off on Trunki loses ride-on animal suitcase court case – BBC News

UK likely to ratify Unified Patent Court after EU referendum – OUT-LAW.com

Posted February 25th, 2016 in courts, intellectual property, international courts, news, patents, referendums by sally

‘UK law makers are not likely to ratify the creation of a new Unified Patent Court (UPC) until after the UK public votes on whether the country should remain a member of the EU, the UK government has confirmed.’

Full story

OUT-LAW.com, 24th February 2016

Source: www.out-law.com

Comments Off on UK likely to ratify Unified Patent Court after EU referendum – OUT-LAW.com

Court of Appeal must maintain brand owners’ right to obtain website blocking orders, says expert – OUT-LAW.com

‘The Court of Appeal in London must maintain the right of brand owners to obtain website blocking orders against internet service providers (ISPs) as a means of enforcing their trade mark rights against infringers, an expert has said.’

Full story

OUT-LAW.com, 24th February 2016

Source: www.out-law.com

Comments Off on Court of Appeal must maintain brand owners’ right to obtain website blocking orders, says expert – OUT-LAW.com

The Unified Patent Court’s approach to interim injunctions will influence businesses’ patent strategies in Europe, say experts – OUT-LAW.com

‘The ease with which businesses will be able to win interim injunctions to defend against rivals’ infringements of their patents will be influential in determining whether companies engage with the new Unified Patent Court (UPC).’

Full story

OUT-LAW.com, 22nd February 2016

Source: www.out-law.com

Comments Off on The Unified Patent Court’s approach to interim injunctions will influence businesses’ patent strategies in Europe, say experts – OUT-LAW.com

Implementing the Unitary Patent in the UK – NIPC Law

Posted February 22nd, 2016 in consultations, EC law, intellectual property, news, patents by sally

‘Whatever happens on 23 June 2016 HMG will have to make rules to implement the Agreement on a Unified Patent Court in the United Kingdom. The reason I say that is that the Agreement comes into force after 13 countries, including France, Germany and the UK, ratify the Agreement. Nine countries including France have already done so (see the European Council’s website). Parliament has enacted primary legislation to enable the Secretary of State to give effect to the Agreement in the UK by order in council (see S,17 of the Intellectual Property Act 2014 inserting a new s.88A and s.88B into the Patents Act 1977). As it would take time to negotiate an exit agreement under art 50 (2) of the Treaty on European Union the Agreement will almost certainly come into force while the UK is still an EU member. There would have to be some sort of secondary legislation at least for the time in which the UK remains a party to the UPC Agreement.’

Full story

NIPC Law, 22nd February 2016

Source: www.nipclaw.blogspot.co.uk

Comments Off on Implementing the Unitary Patent in the UK – NIPC Law

Why the UK replica furniture market is about to be hit by new copyright laws – The Independent

Posted February 16th, 2016 in copyright, intellectual property, news by sally

‘Are you sitting comfortably? Then lucky you. By the end of October – after a six-month “amnesty” for retailers – that luxury will cost you more, maybe 12 times more, than now. And it’s all thanks to the bloody European Union. ‘

Full story

The Independent, 15th February 2016

Source: www.independent.co.uk

Comments Off on Why the UK replica furniture market is about to be hit by new copyright laws – The Independent

UK to push ahead with reforms to rules on unjustified threats on intellectual property rights – OUT-LAW.com

Posted February 1st, 2016 in consultations, copyright, intellectual property, news, patents, trade marks by tracey

‘The UK government is to legislate to bring greater consistency to laws concerning the communications intellectual property (IP) rights holders send to alleged infringers of their rights.’

Full story

OUT-LAW.com, 1st February 2016

Source: www.out-law.com

Comments Off on UK to push ahead with reforms to rules on unjustified threats on intellectual property rights – OUT-LAW.com