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Mark Shillito Herbert Smith Freehills LLP

Results 1 to 5 of 14



AG's Sportradar opinion: database right infringement takes place both in state of server storage and the state where customers received the data *

European Union, United Kingdom - July 4 2012
In a reference by the Court of Appeal in a case involving allegations of infringement of UK sui generis database right by services provided from servers outside the jurisdiction (Football Dataco & Ors v Sportradar GmbH & Sportradar, C-173/11)  the Advocate General (AG) has opined:Where a party uploads data from a database protected by the sui generis right onto that party’s web server located in Member State A and, in response to requests from a user in another Member State B, the web server sends such data to the user’s computer so that the data is stored in the memory of that computer and displayed on its screen, the act of sending the information constitutes an act of ‘re-utilisation’ (and hence infringement) by that party and the act of re-utilisation performed by that party takes place both in Member State A and in Member State B.

Co-authors: Rachel Montagnon.


Formula One wins appeal against OHIM *

European Union - May 24 2012
The CJEU handed down its judgment today in Formula One Licensing BV v OHIM and Global Sports Media Ltd [C-196/11 P].

Co-authors: Sarah Burke.


Breach of confidence in Formula One - a marginal win for Force India *

United Kingdom - March 30 2012
In a decision handed down by Mr Justice Arnold on 21 March 2012, the High Court found that the confidential information of the Force India Formula One team had been misused and that its copyright had been infringed.

Co-authors: Sarah Burke.


Disappointing opinion for some database owners from AG in Football Dataco v Yahoo Reference *

European Union, United Kingdom - January 3 2012
The Advocate General of the Court of Justice of the European Union has opined in Football Dataco and others v Yahoo and others (Case C-604/10) that those database owners whose investment is in the creation of data, rather than the database which holds the data, cannot use database copyright or any other form of copyright to protect or exploit such investment.

Co-authors: Rachel Montagnon.


The Supreme Court strikes back *

United Kingdom - August 17 2011
In its first intellectual property decision, the Supreme Court of the United Kingdom has confirmed that, provided there is a basis for personal jurisdiction over a defendant, the English courts have jurisdiction to try a claim for infringement of foreign intellectual property rights.

Co-authors: Christopher Sharp.


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