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Results: 1-10 of 26

Databases hosted outside the UK can infringe rights in UK databases

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • October 23 2012

In Football Dataco v Sportradar (C-17311) the Court of Justice of the European Union (CJEU) has held that where data has been uploaded from a database in Member State A which is protected by sui generis database right and sent to the computer of a person in Member State B at that person's request, for the purposes of storage in that computer's memory and display on its screen, this constitutes an act of "re-utilisation" of the data by the person sending it

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

  • Herbert Smith Freehills LLP
  • -
  • 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-17311) 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

General counsel update: 28 February 2012

  • Herbert Smith Freehills LLP
  • -
  • European Union, Hong Kong, Spain, United Kingdom
  • -
  • February 28 2012

This is the twenty-eighth in our series of General Counsel Updates which aim to summarise major developments in key areas

General Counsel Update

  • Herbert Smith Freehills LLP
  • -
  • China, European Union, Hong Kong, Indonesia, Singapore, United Kingdom
  • -
  • December 7 2011

This is the twenty-seventh in our series of General Counsel Updates which aim to summarise major developments in key areas

General counsel update

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • June 17 2011

This is the twenty-fifth in our series of general counsel updates which aim to summarise major developments in key areas

FA Premier League down at half-time in European Championship

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • February 7 2011

Advocate General finds that territorial exclusivity agreements relating to the transmission of football matches are contrary to EU law

The battle over the use of trade marks as Google AdWords decision of the European Court of Justice

  • Herbert Smith Freehills LLP
  • -
  • European Union, France
  • -
  • March 24 2010

On 23 March 2010, the European Court of Justice (ECJ) issued its preliminary ruling in relation to the Google AdWords system

EPO holds new and inventive dosage regimes patentable and abolishes so-called Swiss-type claims

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • February 24 2010

Last week, the Enlarged Board of Appeal ("EBA") of the European Patent Office ("EPO") announced its decision in Abbott Respiratory (G 208) relating to the patentability of dosage regimes

The ECJ confirms that a supplementary protection certificate (SPC) can be granted irrespective of an existing SPC that has been granted to another patentee for the same 'product'

  • Herbert Smith Freehills LLP
  • -
  • European Union, Netherlands
  • -
  • September 4 2009

The ECJ judgment in AHP Manufacturing BV v Bureau voor de Industriële Eigendom (Case C-48207), following a reference by the Dutch Courts, clarifies the scope of Article 3(c) of the SPC Regulations (previously, and at the time of referral to the ECJ, Regulation 176892 but now Regulation 4692009

Look-alikesmell-alike perfumes fall foul of trade mark and comparative advertising laws- no damage necessary for "free-riding" and no comparative advertising defence

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • June 18 2009

The ECJ has held today, in the L'Oreal reference from the English Court of Appeal, that: trade mark infringement can occur where there has been "free-riding", without the need to show damage in the form of confusion or detriment

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