Intellectual Property
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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...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...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 ...Spring seminars
As part of Brodies’ spring seminar programme, we will be hosting two seminars involving Techbloggers: Brand protection in the new internet landrush – this seminar will look at what you can do to protect your brand online – whether social media, web 2.0 or good old fashioned cybersq...The new Unitary Patent – European opportunity or risk?
After over 40 years of false starts we now have a new legal framework providing for the possibility of obtaining a Unitary Patent with Europe-wide effect, which can be litigated across its entire geographic scope in one central court. Whilst the UK government has welcomed the new framework as an eff...Increased drug testing in the UK?
A consultation by the UK Government and the UK Intellectual Property Office has found widespread support for an extension to what is known as the “bolar” exemption. This exempts certain drug testing/research activities from liability for patent infringement in the UK. For many years...Kim Dotcom and Mega: Legal FAQs
You’re probably familiar with Kim Dotcom, the German-Finnish internet entrepreneur who currently resides in New Zealand, and is being pursued by the US Department of Justice regarding accusations of a “Megaupload” business empire built on rampant infringement of US copyright law...Amazon AutoRip – sell your CD collection and get a free digital music library?
At a time when digital rights owners are trying to use the courts to restrict the application of the first sale/exhaustion doctrine to digital rights, Amazon’s announcement today about its new AutoRip service might cause some surprise. As part of its launch of AutoRip, which gives customers th...Managing the legal risks with BYOD
I have an article in this month’s edition of Supply Management, the journal for the Chartered Institute of Purchasing and Supply. The article looks at how organisations can manage some of the legal risks arising out of allowing staff to use their own smartphones, tablets and other devices for ...European Commission considers reform of laws protecting business/research knowhow
The European Commission has announced a consultation on the effectiveness of laws protecting business and research knowhow. Knowhow and trade secrets The Commission notes that in many instances the protections offered by many forms of intellectual property rights are only available in certain circum...Significant changes to Scottish IP Court Rules
The Scottish IP Dispute Resolution Regime – Big Changes AND all for the Better Significant changes to the Scottish Court of Session Intellectual Property Action rules will come into force on Monday 19 November 2012. These have been driven by the desire of the Scottish IP judges and Scottish ...Amazon and Kindle library story highlights limited rights over digital media library
Yesterday the media picked up on the story of “Linn”, who was notified by Amazon that her account had been closed because it had been associated by Amazon with another account that had been closed for abuse of Amazon’s polices. Amazon has apparently refused to provide any further i...