Privilege against self-incrimination and the scope of the intellectual property exception *

United Kingdom - March 30 2012
In Stephen John Coogan v News Group Newspapers Ltd [2012] EWCA Civ 48 the Court of Appeal of England and Wales upheld orders from the High Court of England and Wales requiring the private investigator for the former News of the World newspaper, Mr Mulcaire, to provide information regarding his phone hacking activities, despite Mr Mulcaire’s argument that to do so would infringe his privilege against self-incrimination.

Co-authors: Rohan Massey, Vincent Schröder, Dr. Thomas Hauss, Boris Uphoff, Hiroshi Sheraton.

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Registered community designs can infringe earlier registered community designs *

European Union - March 30 2012
The Court of Justice of the European Union has clarified the interpretation of the term “any third party” in Article 19(1) of the Community Designs Regulation (6/2002/EC) in its decision in Case C-488/10 Celaya Emparanza y Galdos Internacional SA (Cegasa) v Proyectos Integrales de Balizamiento SL.

Co-authors: Rohan Massey, Vincent Schröder, Dr. Thomas Hauss, Boris Uphoff, Hiroshi Sheraton.

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Advocate general considers jurisdiction for claims of infringement of a national trade mark online *

European Union - March 30 2012
In Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-523/10 (Opinion of Advocate General) 16 February 2012, Advocate General Pedro Cruz Villalón considered that the proprietor of a national trade mark may be able to bring an infringement action in the Member State of registration against a third party that has registered a keyword used on a national search engine that is identical to the mark.

Co-authors: Rohan Massey, Vincent Schröder, Dr. Thomas Hauss, Boris Uphoff, Hiroshi Sheraton.

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Pub landlords found to infringe the Premier League’s copyright: pyrrhic victory after all? *

European Union, United Kingdom - March 30 2012
In Football Association Premier League Ltd v QC Leisure [2012] EWHC 108 (Ch) Lord Justice Kitchin has now accepted that the Defendant publicans communicated copyright works contained in foreign broadcasts of Premier League matches to the public, following the Court of Justice of the European Union (CJEU) ruling to that effect in October 2011.

Co-authors: Rohan Massey, Vincent Schröder, Dr. Thomas Hauss, Boris Uphoff, Hiroshi Sheraton.

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The protection of football fixture lists under the EU Database Directive *

European Union - March 30 2012
On 1 March 2012, the Court of Justice of the European Union passed judgement on Football Dataco Ltd v Yahoo! UK Ltd [2012] CJEU C-604/10, concluding that the football fixture lists in question are not protected by copyright as there is insufficient intellectual creation on the part of the author.

Co-authors: Rohan Massey, Vincent Schröder, Dr. Thomas Hauss, Boris Uphoff, Hiroshi Sheraton.

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