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TechBlogger article on SAS v WPL software copyright case
Brodies’ IP litigation partner, and TechBlogger, Gill Grassie has an article in the latest edition of the CIPA journal on the High Court’s recent decision in the SAS v WPL copyright case. The case is important because it confirms that there is no copyright in the functional aspect of com...New consumer protection rules for mobile apps and digital content purchases
Good news for purchasers of apps and other digital content, such as films, music and games. Hidden in amongst the detail of last week’s Queen’s Speech, the Government announced plans to introduce new laws to protect consumers that purchase mobile apps and digital content such as films, m...Nestec fails to extend Nespresso patent protection to coffee capsules
Who hasn’t enjoyed the experience of their heart thudding irregularly like a broken clock after too many coffees? I have a Nespresso coffee machine which accepts Nespresso capsules. You buy a set of capsules which are different colours and you get a chart telling you what those colours mean...Latest Meltwater copyright decision gives comfort to internet users
Last month, the Supreme Court handed down its latest judgement in the long-running Meltwater case. This latest appeal considered whether merely viewing content on the internet could infringe copyright. Whilst the Supreme Court has referred the matter to the European Court of Justics for clarificatio...Court holds that failure to comply with data protection laws can be a material breach of contract
A recent case before the Court of Session has held that a company was in material breach of contract as a result of a failure to comply with data protection laws. The case also provided further guidance on when the courts will consider a aspirational pre-contractual sales statement to be a misrepres...Survey higlights key issues for senior IT professionals in IT outsourcing contracts
Supply Management, the official journal of the Chartered Institute of Purchasing and Supply, yesterday published details of a report by outsourcing consultancy Alsbridge into customer satisfaction with IT outsourcing arrangements. According to the report, just over a quarter of the 250 senior IT pro...Court of Appeal overturns previous decision on obligations of good faith
Last year, the English courts ruled that an obligation could be implied into a contract that the parties would not exercise a discretion under that contract in a manner that was arbitary, capricious or irrational. The case related to an outsourcing contract between an NHS Trust and catering company ...New rules on payment surcharges in consumer contracts
At the end of last year, the Government implemented Article 19 of the Consumer Rights Directive through the new Consumer Rights (Payment Surcharges) Regulations 2012. These regulations aim to address ‘above-cost’ payment surcharges made by traders. Payment surcharges (where a trader impo...The SPL’s big bar bill (broadcasting rights)
Over the past couple of years I have written periodic updates regarding the rights of English (or English-based) pub landlords to use “foreign” decoders to screen football matches in their pubs. Following the European Court of Justice (“ECJ”)’s decision as reported ...European Parliament approves new consumer dispute resolution procedures
The European Parliament recently confirmed its adoption of the European Commission’s Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR). The ODR is intended to establish an EU-wide online platform to quickly and efficiently handle consumer disputes arising from online tra...