Thursday, 31 October 2013

ISPs Ordered to Block Infringing Websites

[2013] EWHC 2058 (Ch)

High Court confirms ISPs have to block website (FirstRow) providing copyright infringing links to third party's protected content 

New Information Obligations for Data Protection Breaches

EU 611/2013

New EU regulation 611/2013 started on 25.08.13 specifying information obligation for data protection breaches

Used Software Sale is Legal

BGH I ZR 129/08

Downloading used software

German Federal Court confirms legality of sale of used software also if new download of software from copyright holder’s website is required 

MS "SkyDrive" Infringes Trademark

EWHC [2013] 1826

England and Wales High Court finds Microsoft’s “SkyDrive” name for its cloud storage service violates Sky Broadcasting’s "sky" trademarks

Personal Rights Violation by Google's Auto-Complete Function

BGH VI ZR 269/12

German Federal Court holds that Google has to remove result of auto-complete function in search engine if notified by affected party of violation of personal rights by auto-completed search result 

Data Protection Violation by Apple's TCs

LG Berlin 15 O 92/12

Berlin high court finds eight data protection clauses in Apple's general terms violating German Data Protection Law

Non-Technical Features and Patentability

EPO T-1670/07

Technical effect of non-technical feature

European Patent Office confirms in the Nokia Siemens Networks case the requirement of technical effect for computer implemented inventions also in case of interaction between technical and non-technical features 

Facebook Fan Page and Data Protection Violation

Schleswig-Holstein VG 8 A 218/11 

German Administrative Court of Schleswig-Holstein decides that the user of a Facebook fan page is not responsible for data protection violations of the page due to lack of technical and practical influence on data handling by the site

Transfer Method Unpatentable

[2013] EWHC 2673

England and Wales High Court finds that invention for method of transferring data between computers without continuous communication is unpatentable 

Fast Track for Trademark Protection

Trade Mark Tribunal

New procedure

UK Intellectual Property Office (IPO) introduces fast track procedure within Trade Mark Tribunal to provide faster, cheaper and less complicated way for business to protect their trade marks (link)

Local Court Competence and the Internet

ECJ C-170/12

Place of rights and damage

European Court of Justice clarifies in case of copyright infringement via internet that the local court of the country is competent which protects rights referred to by claimant and in which district the damage occurs 

Data Protection Violation

[2013] EWCA Civ 333

Individual's Distress

England and Wales Court of Appeal generally quantifies appropriate damage for individual's distress by data protection violation as £750

Patents County Court renamed

Intellectual Property Enterprise Court (IPEC)

At the end of significant court reforms the England and Wales Patents County Court has been renamed to Intellectual Property Enterprise Court (IPEC) in order to clarify its all IP matters covering jurisdiction (link)

Unfair Advertising

BGH I ZR 209/11

Competitor's Claim

German Federal Court finds that not only parties targeted by unfair advertising but also competitors have a right under German Unfair Competition law to request a company to end unfair business practice