Will European Stem Cell Ruling Stifle Research?
My commentary on patenting stem cell techniques was published by LexisNexis and is available to view here.
Latest news and views tagged ECJ
RSSEuropean Court advisor in SAS v WPL case says functions of software program can be copied but not the underlying code
SAS had developed analytical software called the SAS System over a number of years and was a giant in the market for software that enabled users to carry out analysis of data. One key element was its own...
European Court says Belgian Internet service provider does not have to block content that may infringe copyright – Scarlet v SABAM, European Court of Justice
Scarlet, a Belgian Internet service provider, should not be required to block the content of its website users as a measure to prevent them from infringing copyright in music belonging to Sabam’s music...
High Court confirms TV Catchup referrals to the ECJ – ITV Broadcasting Limited & others v TV Catchup Limited, High Court
The High Court recently ruled on a case of infringement of copyright, brought by ITV Broadcasting and others against TV Catchup Limited, who operated a website allowing Internet users to watch live UK...
ECJ case confirms that Internet publishers responsible for breach of privacy in every country where the material is accessible – eDate Advertising v X, Oliver Martinez & Robert Martinez v MGN Limited, ECJ
The European Court of Justice (ECJ) has ruled that individuals can sue publishers of content on the Internet which they believe has harmed their image. The ECJ considered two cases, one from France and...
OHIM and European Union General Court should have considered whether wine bottle was distinctive enough for trade mark protection – Freixenet SA v OHIM, European Court of Justice
Freixenet applied to register the features of a wine bottle as a European Community Trade Mark. In particular, it claimed the colour “golden matt” and described the trade mark as a “white polished...
UK ban on sale of foreign decoders in breach of European law, but is this the final score? – FA Premier League v QC Leisure and Karen Murphy, European Court of Justice
The European Court of Justice (ECJ) has released its ruling in the case of a a pub landlady in England who used a decoder card from Greece to show the Premier League football matches live. Karen Murphy...
High Court left to decide who smells of roses after ECJ gives judgment on Interflora v Marks & Spencer referral – Interflora v Marks & Spencer, European Court of Justice
Under the Trade Marks Directive, a proprietor of a registered trade mark can prevent third parties from using any sign identical to that mark in the course of trade, where that trade is identical to the...
ECJ referral over interpretation of the Unfair Commercial Practices Directive – Purely Creative Limited and others v The Office of Fair Trading, Court of Appeal
The Consumer Protection from Unfair Trading Regulations 2008 (the Regulations) implement the Unfair Commercial Practices Directive in the UK. The Regulations prohibit commercial practices which treat consumers...
ECJ playing catchup on copyright – ITV Broadcasting and others v TV Catchup, High Court
TV Catchup (TVC) operates a website on which users can watch live television on computers, smartphones or games consoles. TVC streams programmes to users by means of a number of servers, which each creates...
