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Advocate general considers jurisdiction for claims of infringement of a national trade mark online

European Union - March 30 2012 In Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-523/10 (Opinion of Advocate General) 16 February 2012, Advocate General Pedro Cruz Villalón considered that the proprietor of a national trade mark may be able to bring an infringement action in the Member State of registration against a third party that has registered a keyword used on a national search engine that is identical to the mark.

Dr. Boris Uphoff, Francesco Mattina, Hiroshi Sheraton, Rohan Massey.

The protection of football fixture lists under the EU Database Directive

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-604/10, 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.

Dr. Boris Uphoff, Francesco Mattina, Hiroshi Sheraton, Rohan Massey.

Serious e-privacy breaches: ICO guidance on monetary penalties

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.

Dr. Boris Uphoff, Francesco Mattina, Hiroshi Sheraton, Rohan Massey.

Registered community designs can infringe earlier registered community designs

European Union - March 30 2012 The Court of Justice of the European Union has clarified the interpretation of the term “any third party” in Article 19(1) of the Community Designs Regulation (6/2002/EC) in its decision in Case C-488/10 Celaya Emparanza y Galdos Internacional SA (Cegasa) v Proyectos Integrales de Balizamiento SL.

Dr. Boris Uphoff, Francesco Mattina, Hiroshi Sheraton, Rohan Massey.

Privilege against self-incrimination and the scope of the intellectual property exception

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.

Dr. Boris Uphoff, Francesco Mattina, Hiroshi Sheraton, Rohan Massey.