Category Intellectual Property

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Password protected: Copyright infringement and public wifi networks

The CJEU finds that operators of public wifi networks such as shops and cafes can take advantage of the mere conduit exemption, but can be ordered to impose passwords. Earlier this year, we reported on Advocate General Szpunar’s Opinion in the matter of Tobias McFadden v Sony Music Entertainment Germany…

Bonus for agents selling software

A High Court decision means more agents trading in software may benefit from rights under the Commercial Agents Regulations, including payment on termination or expiry. The question of whether the supply of software is a supply of services or a sale of goods is of little practical importance, but it…

Trade Secrets Directive finally passed

On 27 May 2016 the Council of the European Union confirmed that it has approved the Trade Secrets Directive, meaning that it will become law. The date by which Member States must implement the Directive will be confirmed when it is published in the Official Journal of the European Union…

Unified Patent Court, Patents Court or IPEC: where to litigate?

The key differences between the UPC and the UK’s national courts give rise to important strategic considerations in deciding whether to opt out and where to litigate. We recently discussed the ability of patent owners to opt out of the Unified Patent Court regime for their European patents and instead…

Unified Patent Court: Why might you opt out?

Continuing our series of posts on the UPC, we consider why a European patent holder might choose to opt out of the system. As set out in our previous blog post, we expect that the Unitary Patent and the Unified Patent Court will come into existence in early 2017. When the…

Unified Patent Court: Judicial situations vacant

The Unified Patent Court has published its vacancy notice for applications to be a judge. The notice includes adverts for full part time legally-qualified judges as well as full and part time technically-qualified judges.  The closing date for applications is 4 July 2016. Applicants for the legally-qualified roles will apply for six-year…