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UK Court of Appeal rules individual’s name is personal data
  • McDermott Will & Emery
  • United Kingdom
  • March 17 2014

The UK Court of Appeal held that an individual's name constitutes personal data under the Data Protection Act, unless it is so common that, without


Software patents in the United Kingdom when is a computer program not a computer program?
  • McDermott Will & Emery
  • United Kingdom
  • October 16 2008

In Symbian Limited v Comptroller General of Patents 2008 EWCA Civ 1066, the UK Court of Appeal has upheld the High Court’s decision that the UK Intellectual Property Office (UKIPO) was wrong to exclude Symbian’s patent application from patentability


Interim injunction or alleged breach of software distribution agreement
  • McDermott Will & Emery
  • United Kingdom
  • February 27 2009

In granting an injunction to the exclusive distributor of proprietary software in cash machines (Talaris (Sweden) AB v Network Controls International Ltd 2008 EWHC 2930), Mr Justice Coulson provides an object lesson in the application of the 'American Cyanamid principles' in a dispute focusing on the construction of the terms of an exclusive distributor agreement (EDA


English court confirms claims to computer program claims are patentable subject matter
  • McDermott Will & Emery
  • United Kingdom
  • February 29 2008

The English High Court has now handed down a decision which moves the UK position on software claims back into line with that of the European Patent Office (EPO) and other mainland European Agencies


Failure to prove exhaustion of trade mark rights
  • McDermott Will & Emery
  • United Kingdom
  • February 26 2010

In Sun Microsystems Inc v M-Tech Data Ltd 2009 EWHC 2992 (Pat), Mr Justice Kitchin held that Sun Microsystems Inc was entitled to summary judgment in respect of the parallel import of computer equipment by M-Tech Data Ltd


Information Commissioner's office threatens tougher sanctions for failure to report security breaches
  • McDermott Will & Emery
  • United Kingdom
  • March 31 2010

The Data Protection Act 1998 imposes eight principles on those controlling the processing of personal data in the United Kingdom


Modchips: substantial part of a copyright work
  • McDermott Will & Emery
  • United Kingdom
  • January 15 2010

On 9 November 2009, the Court of Appeal of England and Wales upheld convictions in Worcester Crown Court against Christopher Gilham for a number of offences under Section 296ZB of the Copyright, Designs and Patents Act 1988 in relation to the sale and importation of modchips


Fines of up to £500,000 for serious data protection breaches
  • McDermott Will & Emery
  • United Kingdom
  • January 26 2010

Data controllers should assess andor modify their current data protection practices and procedures before 6 April 2010


Big brother becomes big bother for CCTV monitoring website forced to change the way it operates
  • McDermott Will & Emery
  • United Kingdom
  • July 31 2011

The Information Commissioner’s Office (ICO) has required CCTV monitoring website, Internet Eyes, to make significant changes to its operations after CCTV footage of a shopper was posted on YouTube


ICO tells businesses their employees need to take responsibility for personal data
  • McDermott Will & Emery
  • United Kingdom
  • May 31 2011

The Information Commissioner's Office (ICO) has told businesses that their employees need "to take responsibility and ownership of tasks that involve handling personal data," and that employers should also take responsibility for their employee's awareness of the risks associated with handling personal data