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Repackaged pharmaceutical products do not need to bear repackager’s name – Orifarm v Merck, European Court of Justice

29 July 2011 | Paul Gershlick

Orifarm were parallel importers of Merck’s pharmaceutical products, importing products that had been legitimately put onto the market of another European Union Member State. Merck objected to the fact...

Tags on this discussion: consent EEA EU EU law EU trade mark Europe European Economic Area European Union European Union Directive European Union law infringement Intellectual property intellectual property law intellectual property rights International IP IP infringement IPR marketing authorisation marketing authorisation holder parallel import parallel importing pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical industry pharmaceutical market pharmaceutical products pharmaceutical sector trade mark trade mark directive trade mark infringement trade marks trade marks directive unauthorised

Former T-Mobile employees given record fine for illegal trade in customer data – R v Hames and Turley, Chester Crown Court

26 June 2011 | Paul Gershlick

Two former employees of the T-Mobile have been fined £73,000 and given suspended prison sentences for the illegal trade in the phone giant’s customer data. Hames sold personal data to another Turley,...

Tags on this discussion: consent data data breach data breaches data controller data loss data protection data protection act Data Protection Act 1998 data protection directive data protection regime Data Provider data security data theft database right databases DPA fine ICO illegal Information Commissioner Information Commissioner's Office Information Commissioner’s Office misuse of data personal data sensitive personal data unauthorised unauthorised use

Oral licensee of Community Trade Mark can sue for infringement – Jean Christian Perfumes Ltd v Thakrar, High Court

17 June 2011 | Simon Weinberg

The High Court has ruled that an oral licensee of a European Community Trade Mark (CTM) can issue proceedings for infringement if the owner of the CTM gives its consent. In this case, the owner and...

Tags on this discussion: commercial agreement Commercial contract commercial contracts Community Trade Mark consent contract contract law contracts European Community Trade Mark High Court illegal infringement Intellectual property intellectual property rights IP oral licence trade mark trade mark infringement trade marks trademark trademark infringement trademarks unauthorised unauthorised use unlawful

Article 29 Working Party leaves geo-location service providers disorientated after strict data protection opinion about geo-location data

2 June 2011 | Paul Gershlick

The Article 29 Working Party has concluded an opinion on geo-location services on smart mobile devices (such as smart phones and tablet computers) by saying that they are linked to natural persons and...

Tags on this discussion: Article 29 Working Party consent data data controller data protection data protection act data protection directive data protection supervisor Data Provider data subject Directive e-privacy employ employee Employees employer Employers Employment EU EU Directive EU law Europe European Union express geo-location geo-location data geo-location services geolocation geolocation data geolocation services GPS GSM ICO Information Commissioner Information Commissioner's Office informed Internet Internet use Internet user mobile mobile network mobile phone mobile phone network network On-line Online online content personal data privacy privacy policy privacy principles privacy statement RFID right to privacy sensitive personal data smart mobile smartphone social networking social networking site specific tablet tablet computer web web content web site web site content web sites Website website content websites wireless wireless network

NEWSFLASH: New law comes into force requiring user consent when using cookies (updated 26 May)

23 May 2011 | Paul Gershlick

A new law (the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011) comes into force on 26 May requiring website operators to obtain consent of their users when placing cookies...

Tags on this discussion: ad ads advertisements adverts consent cookie cookies data data protection Directive EU EU law European Commission European law European Union ICO information Information Commissioner new Directive privacy privacy and electronic communications privacy and electronic communications (ec directive) regulations privacy policy privacy statement web web content Website website content websites

Facebook security flaw allows advertisers to see users’ personal data

16 May 2011 | Mark Weston

Facebook has suffered an embarrassing security flaw in which advertisers have been able to see users’ accounts, including profiles, photos, chat and messages. Symantec, the security firm, discovered...

Tags on this discussion: ad ads advert advertisement advertisements advertiser advertisers adverts consent data data controller data protection data protection act data protection directive Data Provider data security data subject disclose DPA Internet Internet security Internet use Internet user misuse of data On-line personal data privacy right to privacy sensitive personal data social networking social networking site unauthorised web web content web postings web site web site content web sites webistes Website website content websites

Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal

1 September 2010 | Paul Gershlick

M-Tech bought for resale second-hand computer hardware of Sun Microsystems. Oracle (which has since taken over Sun’s business) objected on the basis that the goods had not been put on the market within...

Tags on this discussion: brand brand protection branding brands CJEU competition law consent Court of Appeal Court of Justice of European Union Court of Justice of the European Union EC Treaty ECJ EEA EU EU law Europan Union Europe European Court of Justice High Court Intellectual property intellectual property rights IP parallel import parallel importing summary judgment trade mark trade mark infringement Trade Marks Act unauthorised unlawful

Sports gear company discovered legal victory was in the pocket – Hudson Bay v Umbro, Court of Appeal

20 August 2010 | Paul Gershlick

This case surrounded two licences to make and sell Umbro’s football clothes in the US. One licence (to Dick’s) was for the exclusive sale of on-field sports clothing and the other (to Hudson Bay) was...

Tags on this discussion: actual authority agreement approval authorisation brand branding brands breach breach of contract commercial commercial agreement Commercial contract commercial law consent contract contract law contracts Court of Appeal High Court logo merchandise merchandising agreement ostensible authority Sport trade mark trade marks unauthorised

Information Commissioner issues code of practice for online behavioural advertising

20 July 2010 | Paul Gershlick

The Information Commissioner’s Office – the UK’s data protection regulator – has issued a code of practice dealing with online behavioural advertising issues. Online behavioural advertising refers...

Tags on this discussion: behavioural advertising code of practice consent cookies data data controller data protection data protection act data protection directive data subject DPA explicit consent fair fairness ICO Information Commissioner Information Commissioner's Office misuse of data Online personal data sensitive personal data unauthorised unfair

Goods with label saying ‘Not For Sale’ and ‘Demonstration’ could not be sold in EEA without owner’s consent – Coty Prestige v Simex Trading, European Court of Justice

11 June 2010 | Mark Weston

Coty made and marketed perfumes under its trade marks such as Lancaster and Joop! It used a selective distribution system to sell those goods. Simex was not an authorised seller but it had provided goods...

Tags on this discussion: consent Court of Justice of the European Union EEA EU European Court of Justice European Economic Area European Union infringement Intellectual property intellectual property rights IP trade mark trade mark infringement trade marks unauthorised

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