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A summary of major developments in key areas

  • Herbert Smith Freehills LLP
  • -
  • Australia, European Union, Indonesia, Myanmar, United Kingdom
  • -
  • March 7 2013

The Financial Reporting Council (FRC) and institutional bodies have published the following guidance in relation to corporate governance and

TMT past, present and future: UKEU review of 2012 and preview of 2013

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • January 15 2013

No duty to monitor" extended to social networks: In February 2012, the Court of Justice of the European Union ("ECJ") ruled that the owner of an

IT & outsourcing e-bulletin - a round-up of developments

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • July 31 2012

Ofcom has published a revised version of the Initial Obligations Code for ISPs and copyright owners in an effort to tackle online copyright infringement as per the provisions of the controversial Digital Economy Act

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: 31 May 2012

  • Herbert Smith Freehills LLP
  • -
  • Argentina, China, European Union, Hong Kong, Singapore, Spain, United Kingdom
  • -
  • May 31 2012

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

A round-up of developments

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • May 24 2012

In the case of SAS Institute v World Programming Limited, the Court of Justice of the European Union (the "CJEU") has considered the limited extent to which certain elements of a computer program enjoy copyright protection

Keywords: either court of State of trade mark registration or that of advertiser's domicile can have jurisdiction says CJEU

  • Herbert Smith Freehills LLP
  • -
  • Austria, European Union
  • -
  • April 24 2012

The Court of Justice of the European Union has ruled on the appropriate jurisdiction for proceedings brought by a trade mark owner for alleged trade mark infringement arising from the reservation of keywords by a competitor on an internet search engine

No Big Brother required: ECJ extends "no duty to monitor" protection to social networks

  • Herbert Smith Freehills LLP
  • -
  • Belgium, European Union
  • -
  • March 30 2012

The Court of Justice of the European Union has published its judgment in the case of SABAM v Netlog, in which it has ruled that the owner of an online social network cannot be obliged to install a general filtering system in order to prevent the unlawful use of protected works

BT TalkTalk judicial review: linguistic tussles in EU law?

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • March 26 2012

The Court of Appeal has given judgment on BT and TalkTalk's appeal of the decision of the Administrative Court of April 2011 dismissing their judicial review of certain controversial provisions in the Digital Economy Act 2010 (the 'DEA') concerned with illegal file-sharing

Preventative monitoring of copyright infringement not a job for ISPs rules Court of Justice of the EU

  • Herbert Smith Freehills LLP
  • -
  • European Union
  • -
  • November 28 2011

The Court of Justice of the European Union has ruled that ISPs cannot be ordered to implement, at their own cost, a filtering system to generally monitor for infringements of intellectual property rights on their networks

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