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Supreme Court awards patent for human protein and discovery of underlying gene sequence as it says English courts should follow European Patent Office Technical Board of Appeal where it has adopted a consistent approach – Human Genome Sciences v Eli Lilly, Supreme Court

14 November 2011 | Paul Gershlick

HGS made a patent application for the human protein Neutrokine-alpha and the discovery of its underlying gene sequence. Eli Lilly challenged the patent application in the High Court and the European Patent...

Tags on this discussion: biotech Biotech Directive Court of Appeal Directive EPO EU EU law European Patent Office European Union High Court human protein Intellectual property intellectual property rights IP IP law IP laws IP rights IPR patent patent application patentability Patents pharma products pharmaceutical pharmaceutical patents pharmaceutical products pharmaceutical sector protein registered registration Supreme Court Technical Board of Appeal

Agent can act for competing principals under Commercial Agents Regulations – Rossetti Marketing v Diamond Sofa, High Court

11 October 2011 | Paul Gershlick

S had been appointed as Diamond’s agent for the sale of Diamond’s leather upholstery products in the UK and Ireland. Four years later, S transferred its business to Rossetti. Shortly after the transfer,...

Tags on this discussion: agency agency agreement agency agreements agency contract agency contracts agreement agreements commercial commercial agent Commercial Agents (Council Directive) Regulations Commercial Agents Directive Commercial Agents Regulations commercial agreement commercial agreements Commercial contract commercial contracts commercial law compensation contract contract termination contracts Directive EU EU law Europe European Union European Union law indemnity principal term terminate termination

Government proposes new single consolidated Consumer Bill of Rights

1 October 2011 | Simon Weinberg

UK consumer laws will be merged into a single consolidated law, according to Government proposals. Currently, there are 12 statutes and Regulations, some of which overlap. The UK will also need to bring...

Tags on this discussion: B2C business-to-consumer consumer consumer agreement consumer agreements Consumer Bill of Rights consumer contract consumer contracts consumer law consumer laws Consumer Protection (Distance Selling) Regulations Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations Consumer Rights Directive consumers cooling off period CPUTR Directive distance selling directive Distance Selling Regulations DSR EU Directive fair fairness new Directive sale of goods sale of goods act Sale of Goods Act 1979 SOGA UCTA unenforceable unfair Unfair Commercial Practices Unfair Commercial Practices Directive unfair contract terms unfair contract terms act Unfair Contract Terms Act 1977 unfair contract trading unfair terms Unfair Terms Directive Unfair Terms in Consumer Contracts Regulation 1999 Unfair Terms in Consumer Contracts Regulations unfair trading unfair trading regulation void

European Commission consults on harmonised data breach notification rules

21 July 2011 | Paul Gershlick

The revision to the E-Privacy Directive – which was recently implemented in the UK with the Privacy and Electronic Communications (EC Directive) Amendment Regulations 2011 – has introduced European...

Tags on this discussion: communications communications service providers data data breach data breach notification data breaches data controller data loss data protection data protection act Data Protection Act 1998 data protection directive data protection laws Data Provider data subject data theft Directive DPA EU Europe European Commission European Union ICO Information Commissioner Information Commissioner's Office misuse of data notification On-line Online personal data

Supplier must replace faulty goods that consumer installed even if cost of doing so is disproportionate to original supply – Weber v Wittmer, Putz v Medianess Electronics, European Court of Justice

6 July 2011 | Paul Gershlick

The European Union Directive on Certain Aspects of the Sale of Consumer Goods and Guarantees provides for consumers anywhere in the EU to have rights for goods to be repaired or replaced or have money...

Tags on this discussion: agreement agreements B2C breach breach of contract business business-to-consumer businesses CJEU commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law consumer consumer right consumer rights consumers contract contract breach contracts Court of Justice of European Union Court of Justice of the European Union Directive disproportionate ECJ EU EU law European European Court of Justice European Union European Union law material breach refund remedy repair repairs replace sale of goods serious breach supply agreement supply agreements supply contract supply contracts supply of goods

Text of new Consumer Rights Directive published by European Parliament

1 July 2011 | Mark Weston

The European Parliament has approved a proposed new Consumer Rights Directive. The original text was published in 2008, and had been intended to make consumer rights uniform across the European Union....

Tags on this discussion: commercial agreement Commercial contract commercial contracts consumer consumer law consumer laws consumer protection consumer right consumer rights Consumer Rights Directive contract contract law contracts cooling off period Directive EU Europe European Commission European Parliament Europpean Union Internet Online web web site web sites Website websites

European Data Protection Supervisor critical of Data Retention Directive

21 June 2011 | Mark Weston

The European Data Protection Supervisor (EDPS) has criticised the Data Retention Directive in an opinion published in relation to the European Commission’s evaluation report on the Directive. The opinion...

Tags on this discussion: communications communications data communications service providers data data protection data protection directive data retention data retention legislation data retention periods data retention requirement Directive EC EDPS EU Europe European Commission European Data Protection Supervisor European Union harmonisation Member State Member States personal data privacy telecommunications telecoms

European Commission publishes strategy for IP rights

9 June 2011 | Mark Weston

The European Commission has published its strategy for intellectual property rights. There are some common themes with the Hargreaves Digital Opportunity Report - in particular, ensuring that the economy...

Tags on this discussion: brand brand protection branding brands Community Trade Mark Community Trade Marks copyright Copyright Directive copyright holder copyright holders copyright owner copyright owners counterfeit counterfeit goods Counterfeit Goods Regulation digital Digital Copyright Exchange Digital Opportunity Report Directive EU EU law EU trade mark Europe European Commission European Community Trade Marks European Union law Hargreaves Hargreaves Report Hargreaves Review Intellectual property intellectual property rights Internet Internet use Internet user invention Inventions IP IT new Directive On-line Online online content orphan works piracy pirated regulation Software software piracy trade mark trade mark directive trade marks trade marks directive trademark trademarks UGC user user-generated content web web content web postings web site web site content web sites web-piracy Website website content

ECJ consider “invitations to purchase” very widely and rules that it is an unfair sale unless certain key information is provided as early as in an advertisement – Konsumentombudsmannen v Ving Sverige AB, European Court of Justice

8 June 2011 | Mark Weston

The European Court of Justice (ECJ) has ruled as to the meaning of an ‘invitation to purchase’ under Article 2(i) of the Unfair Commercial Practices Directive (the Directive) and has clarified what...

Tags on this discussion: advert advertisement advertising advertisments adverts commercial communication Consumer Protection from Unfair Trading Consumer Protection from Unfair Trading Regulations Directive EC ECJ EU European Commission European Court of Justice European Union good goods invitation invitation to purchase mandatory material information material information Member State Office of Fair Trading OFT product products sale of goods service services transaction transactional Unfair Commercial Practices Unfair Commercial Practices Directive

European Commission sets out plans to give orphan works an online home

3 June 2011 | Paul Gershlick

The European Commission has set out plans for a new European Union Directive in which orphan works can be digitised and made available online. Orphan works are copyright works that do not have an identified...

Tags on this discussion: copyright Copyright Directive copyright holder copyright holders copyright owner copyright owners digital digital agenda digital rights Directive electronic EU Europe European Commission European Union Hargreaves Report Internet Internet use new Directive On-line Online online content orphan works proposed Directive web web content web site web site content web sites Website website content websites

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Latest news and views tagged Directive

Supreme Court awards patent for human protein and discovery of underlying gene sequence as it says English courts should follow European Patent Office Technical Board of Appeal where it has adopted a consistent approach – Human Genome Sciences v Eli Lilly, Supreme Court

Agent can act for competing principals under Commercial Agents Regulations – Rossetti Marketing v Diamond Sofa, High Court

Government proposes new single consolidated Consumer Bill of Rights

European Commission consults on harmonised data breach notification rules

Supplier must replace faulty goods that consumer installed even if cost of doing so is disproportionate to original supply – Weber v Wittmer, Putz v Medianess Electronics, European Court of Justice

Text of new Consumer Rights Directive published by European Parliament

European Data Protection Supervisor critical of Data Retention Directive

European Commission publishes strategy for IP rights

ECJ consider “invitations to purchase” very widely and rules that it is an unfair sale unless certain key information is provided as early as in an advertisement – Konsumentombudsmannen v Ving Sverige AB, European Court of Justice

European Commission sets out plans to give orphan works an online home

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