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Microsoft sues Comet over reproduction of back-up copies of software for users

11 January 2012 | Paul Gershlick

Microsoft is suing Comet for alleged copyright infringement over what the software giant claims is nearly 100,000 counterfeit copies of Windows Vista and Windows XP recovery CDs. It has alleged that Comet...

Tags on this discussion: back-up back-up copy CDPA copyright Copyright Designs and Patents Act 1998 Copyright Directive copyright infringement copyright owner copyright owners counterfeit counterfeit goods EU law European Union law ifringement infringe intellectual property rights intellectual property rights infringement IP rights IPR IPR infringement lawful use Software software piracy

Government proposes change in law to make UK a better place to carry out drug research on patented products

23 December 2011 | Paul Gershlick

The UK Government would like to change the law to make the UK a more amenable place to carry out clinical trials. There is an exemption from breach of patented pharmaceutical products when the use is in...

Tags on this discussion: ABPI Assoication of the British Pharmaceutical Industry Bolar Bolar exception Bolar exemption clinical trial EU law European Union European Union law generic generic drugs generics infringe infringement innovation intellectual property rights infringement IP infringement medicine patent medicines patent patent patent infringement patent infringements patent law patented Patents Patents Act 1977 pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical industry pharmaceutical market pharmaceutical patents pharmaceutical sector R&D research

European Commission investigates whether Apple’s arrangements with book publishers infringes EU competition law

14 December 2011 | Paul Gershlick

The European Commission is investigating whether Apple’s arrangements with book publishers for the sale of e-books amount to anti-competitive agreements contrary to Article 101 of the Treaty on the Functioning...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 breach of competition law commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition law contract contracts EC Treaty EU EU law European Commission European Union law fine On-line Online online content online shopping online trading price price fixing publish publishers publishing resale price resale price maintenance RPM supply agreement supply agreements supply contract supply contracts TFEU Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable void web web site web site content web sites Website website content websites

European Court says Belgian Internet service provider does not have to block content that may infringe copyright – Scarlet v SABAM, European Court of Justice

13 December 2011 | Paul Gershlick

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...

Tags on this discussion: CJEU copyright copyright holder copyright holders copyright infringement copyright owner copyright owners Court of Justice of European Union Court of Justice of the European Union ECJ EU EU law European Court of Justice European Union European Union law infringe infringement intellectual proeprty rights Intellectual property Internet Internet connection Internet piracy Internet service provider Internet use Internet user IP IP infringement IP law IP laws IPR ISP music piracy On-line Online online content online piracy P2P peer-to-peer piracy pirated web content web site web site content web sites web-piracy Website website content

Angler shows folly as trade mark angles for a victory in trade mark infringement case – Fox International v Folly, Patents County Court

25 November 2011 | Paul Gershlick

Fox had a European Community Trade Mark for “STALKER” in respect of fishing equipment. Folly sold fishing equipment on the Internet under the name “STALKER” but replacing the “T” with a picture...

Tags on this discussion: brand brand protection branding brands Community Trade Mark Community Trade Mark Regulation Community Trade Marks EU law EU trade mark European Community Trade Marks infringement Intellectual property intellectual property rights intellectual property rights infringement Internet IP IP infringement IPR IPR infringement On-line Online online content online IP Patents County Court PCC trade trade mark trade mark directive trade mark infringement Trade Mark Regulation trade marks trade marks directive trademark trademarks web web content web site web sites Website website content websites

EU Justice Minister signals massive overhaul towards far stricter data protection laws for business

17 November 2011 | Paul Gershlick

Businesses will need to obtain explicit prior consent from individuals before processing data about them and give them the right to have their data deleted at any time especially if they post data on the...

Tags on this discussion: cloud cloud computing consent consumer consumer rights consumers data data breach data breaches data controller data loss data protection data protection act Data Protection Act 1998 data protection directive data protection principles data protection regime Data Provider data security data subject data subject access delete DPA EU EU law EU laws European Commission European Union explicit consent explicit prior consent Internet Internet use Internet user misuse of data On-line Online online content personal data prior consent sensitive personal data social network social networking social networking site social networking website UGC user-generated content web web content web postings web site web site content web sites Website website content websites

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

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

30 October 2011 | Simon Weinberg

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...

Tags on this discussion: brand brand protection branding brands CJEU Community Trade Mark Community Trade Mark Regulation Community Trade Marks Court of Justice of European Union Court of Justice of the European Union CTM ECJ EU EU law European Community Trade Marks European Court of Justice European General Court European Union General Court General Court of the European Union Intellectual property intellectual property law intellectual property laws intellectual property rights IP IP law IP laws IP rights IPR OAMI OHIM trade mark trade marks trademarks

BEREC publishes draft net neutrality guidelines

29 October 2011 | Mark Weston

The Body of European Regulators of Electronic Communications (BEREC) has published draft guidelines on how end users are to be informed about the way their Internet service is managed within the European...

Tags on this discussion: BEREC Body of European Regulators of Electronic Communications consultation consumer download download limit download limits electronic network EU EU law European law European Union fair usage policy Internet Internet service Internet service provider Internet service providers Internet user ISP ISPs net neutrality network network congestion Online online consumer service provider service providers web web site web sites Website website content websites

ASA reiterates that card surcharges must be well indicated

26 October 2011 | Mark Weston

The Advertising Standards Authority (ASA) has upheld a complaint that it received in relation to a website that was not clear about credit and debit card surcharges. The website had added a £1 or £2...

Tags on this discussion: advert advertising Advertising Standard Authority adverts ASA CAP code card surcharge commercial agreement Commercial contract commercial contracts consumer consumer contract Consumer Rights Directive contract contract law contracts credit card credit card surcharge debit card debit card surcharge e-commerce EU EU law European Union European Union law illegal infringement Internet job advertisements marketing marketing campaign misleading misleading advertising Office of Fair Trading OFT Online online content online payment method payment payment method surcharge unauthorised unlawful web web site web sites Website website content websites

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Latest news and views tagged EU law

Microsoft sues Comet over reproduction of back-up copies of software for users

Government proposes change in law to make UK a better place to carry out drug research on patented products

European Commission investigates whether Apple’s arrangements with book publishers infringes EU competition law

European Court says Belgian Internet service provider does not have to block content that may infringe copyright – Scarlet v SABAM, European Court of Justice

Angler shows folly as trade mark angles for a victory in trade mark infringement case – Fox International v Folly, Patents County Court

EU Justice Minister signals massive overhaul towards far stricter data protection laws for business

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

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

BEREC publishes draft net neutrality guidelines

ASA reiterates that card surcharges must be well indicated

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