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Heather Newton Herbert Smith Freehills LLP

Results 1 to 3 of 3



Selling on software licences is permissible, but where will it lead? *

European Union - July 16 2012
The CJEU has delivered its decision in Case C-128/11 UsedSoft GmbH v Oracle International Corp answering questions referred to it by the German court on the permissibility of selling on software licences, and whether the principle of exhaustion of distribution rights in the Copyright Directive (2001/29) applies to software downloaded via the internet under the provisions of the Software Directive (2009/24).

Co-authors: Andrew Moir.


Copyright infringement in computer software: access to the code is the key *

European Union - May 17 2012
The CJEU has recently delivered its decision in C-406/10 SAS Institute v World Programming Ltd, answering questions posed by the English court on the extent to which computer software is protected by copyright under the Software Directive, in particular in relation to functionality and the extent of rights under a licence to use.

Co-authors: Andrew Moir.


Court of Appeal upholds decision in favour of Hotel Cipriani Venice over use of the "Cipriani" trade mark *

United Kingdom - March 2 2010
The Court of Appeal has upheld the decision of Mr Justice Arnold on all grounds in Hotel Cipriani Srl v Cipriani (Grosvenor Street) Ltd.

Co-authors: Joel Smith.