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The “innocent” copying defence: only applicable to works out of copyright
- McDermott Will & Emery
- -
- United Kingdom
- -
- March 30 2012
In David Hoffman v Drug Abuse Resistance Education (UK) Ltd 2012 EWPCC 2, the Patents County Court of England and Wales assessed the use of the “innocent copying” defence under Section 97 of the Copyright Designs and Patents Act 1988
Jurisdiction to award damages for online infringement of “personality rights” clarified
- McDermott Will & Emery
- -
- European Union
- -
- November 29 2011
The Court of Justice of the European Union (CJEU) has ruled that victims of infringements of “personality rights” by means of the internet can chose to bring actions before the courts of the Member State in which they reside in respect of all the damage caused
Spiller v Joseph: defamation and “honest comment"
- McDermott Will & Emery
- -
- United Kingdom
- -
- January 25 2011
The Supreme Court of England and Wales in Spiller v Joseph 2010 UKSC 53 has declined to alter radically the defence of "fair comment" in libel claims
Territorial exclusivity of football broadcasts found contrary to EU law
- McDermott Will & Emery
- -
- European Union
- -
- November 3 2011
The Court of Justice of the European Union (CJEU) has ruled in Football Association Premier League Ltd v QC Leisure C- 40308 and Karen Murphy v Media Protection Services Ltd C- 42908 (4 October 2011) that a system of licences for the broadcasting of sporting events which grants licensees territorial exclusivity on a Member State basis, and which prohibits television viewers from watching the broadcasts in one Member State using a decoder licensed for use in another, is contrary to EU law
Lidl SNC v Vierzon Distribution SA: comparative advertising and products sold in supermarkets
- McDermott Will & Emery
- -
- European Union
- -
- January 25 2011
The fact that there are differences in the extent to which you might like to eat certain food products depending on their place of production, the ingredients and who produced them, does not, the European Court of Justice (ECJ) has said in Lidl SNC v Vierzon Distribution SA C-15909, preclude the possibility that an advertisement comparing such products (by reference to price alone, as opposed by reference to any of their other attributes) will fall within the boundaries of permitted comparative advertising, provided the advertisement is not misleading
Privilege against self-incrimination and the scope of the intellectual property exception
- McDermott Will & Emery
- -
- 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
Pub landlords found to infringe the Premier League’s copyright: pyrrhic victory after all?
- McDermott Will & Emery
- -
- 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
The protection of football fixture lists under the EU Database Directive
- McDermott Will & Emery
- -
- 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-60410, 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
Serious e-privacy breaches: ICO guidance on monetary penalties
- McDermott Will & Emery
- -
- United Kingdom
- -
- March 30 2012
The Information Commissioner’s Office (ICO) has laid before the UK Parliament a draft of its new guidance on monetary penalties
“UK’s safest broadband”: TalkTalk in breach of CAP and BCAP Code
- McDermott Will & Emery
- -
- United Kingdom
- -
- February 29 2012
TalkTalk’s adverts claiming to offer the “UK’s safest broadband” have been found to be in breach of the Committee of Advertising Practice (CAP) and Broadcast Committee of Advertising Practice (BCAP) Code
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