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Regional Appeal Court refuses to apply copyright levies to computer printers
  • Bird & Bird
  • Germany
  • June 4 2007

The Regional Appeal Court of Düsseldorf has decided that computer printers cannot be subject to copyright levies under German Law


European Commission accepts commitments offered by Rambus
  • Bird & Bird
  • European Union
  • January 29 2010

On 9 December 2009, the European Commission announced that it had adopted a decision making legally binding the commitments offered by Rambus, to address the Commission's Article 102 TFEU case


Symbian, Autonomy and Astron Clinica the latest trio of UK software patentability decisions
  • Bird & Bird
  • European Union, United Kingdom
  • April 28 2008

The divergence between the English courts and the European Patent Office (“EPO”) as to the circumstances in which software is patentable has been a source of endless confusion for companies operating in the United Kingdom and their advisers


European Court of First Instance upholds infringement findings against Microsoft
  • Bird & Bird
  • European Union
  • October 30 2007

On 17 September 2007, the European Court of First Instance (“ECFI”) issued its judgment reviewing in detail, and substantively upholding, the European Commission’s 2004 decision which had imposed a fine of 497 million on Microsoft for two abuses of dominant position


Deeplinking to genuine source of downloadable software did not amount to an IP rights infringement
  • Bird & Bird
  • France
  • November 2 2010

A French court has held that an unauthorised direct link to downloadable software, bypassing the home page of the software publisher, does not itself amount to an infringement of intellectual property rights


A ‘perpetual’ licence might not be forever
  • Bird & Bird
  • United Kingdom
  • November 2 2010

Software licensees might expect that a 'perpetual' licence is never ending


First Swedish information orders case overturned on appeal
  • Bird & Bird
  • Sweden
  • October 27 2009

Following the Swedish implementation in April of the Intellectual Property Rights Enforcement Directive, the Solna District Court issued Sweden’s first order requiring an ISP to disclose the identity of the user behind an IP address alleged to have been used for activities infringing copyright


Software patents an update on the UK position
  • Bird & Bird
  • United Kingdom
  • July 20 2009

In two judgments of 12 January 2009, the UK-IPO dismissed appeals in respect of patent applications by eSpeed Inc ("eSpeed") (BL O00909) and Schlumberger Holdings Limited ("Schlumberger") (BL O01609) on the basis that the applications were for excluded subject matter under Article 52(2) of the EPC


Software publishers can prevent resale of bare licences and back-up copies of used software
  • Bird & Bird
  • Germany
  • October 27 2009

Three German Courts of Appeal have held that the distribution of used software is only permitted if the copyright holder consents or if the software is distributed in the same physical form (i.e. on the media) in which it was initially put on the market


Software patents in Europe the next instalment
  • Bird & Bird
  • European Union, United Kingdom
  • April 2 2009

The law concerning patents for software-related inventions in Europe has followed a tortuous development with divergent approaches being adopted both in the European Patent Office ("EPO") and in national patent offices and courts