European IP Bulletin - Issue 79, April 2011

by McDermott Will & Emery
Contact

In This Issue:

Patents:

Gedeon Richter plc v Bayer Schering Pharma AG:

“Obvious to Try” and “Fair Expectation of Success” In Gedeon Richter plc v Bayer Schering Pharma AG [2011] EWHC 583 (Pat), Gedeon Richter plc applied to have two divisional patents belonging to Bayer Schering Pharma AG revoked for invalidity (the ‘301 and ‘069 patents). One of the grounds of invalidity was that the patents were obvious in respect of four items of prior art.

COPYRIGHT AND DATABASE RIGHT

Football Dataco Ltd v Sportradar GmbH:

Copyright and Database Right Infringement and Jurisdiction Allowing Sportradar’s appeal in part, the Court of Appeal of England and Wales has ruled that Dataco’s copyright claim in relation to a database of football statistics failed because what was allegedly copied was “mere data”, not the database itself. Lord Justice Jacob, however, dismissed Sportradar’s appeal on jurisdiction over database right infringement claims insofar as they were based on allegations that Sportradar were joint tortfeasors with its UK customers. Further and most significantly, on the question of primary infringement by Sportradar of Dataco’s database rights, Jacob LJ has decided to refer the reutilisation issue to the Court of Justice of the European Union (CJEU).

TRADE MARKS

Annette Campbell and Bente Zaber v Catherine Hughes (IAN ADAM): Name of Recently Deceased Famous Individual and Bad Faith Overturning the decision of a hearing officer of the UK Intellectual Property Office, Geoffrey Hobbs QC has held that an application to register the name of the well known deceased voice coach Ian Adam by his former business associate had been made in bad faith (Annette Campbell and Bente Zaber v Catherine Hughes (IAN ADAM) [2011] BL O-094-11).

P Ferrero SpA v OHIM:

Trade Mark Reputation and Existence Irrelevant in Assessing Likelihood of Confusion In Ferrero SpA v Office of Harmonisation in the Internal Market, Tirol Milch reg.Gen.mbH, Innsbruck, [2011] C- 552/09, the Court of Justice of the European Union (CJEU) has upheld a decision of the EU General Court (EGC) rejecting Ferrero’s invalidity action based on Ferrero’s earlier trade marks for KINDER against a figurative Community trade mark (CTM) incorporating the words TiMi KINDERJOGHURT.

CONFIDENTIAL INFORMATION

Andrew Gray v News Group Newspapers Ltd:

Privilege Against Self-Incrimination and Scope of the “Intellectual Property” Exception In Andrew Gray v News Group Newspapers and Mulcaire [2010] EWHC 2893 (Ch), an action for misuse of confidential information and invasion of privacy brought by Andrew Gray (former football commentator) and Stephen Coogan (wellknown comedian), Mr Mulcaire refused to disclose certain information, arguing that he was protected from supplying evidence that might lead to self-incrimination. Mr Gray and Mr Coogan both applied to the High Court, requesting interim declarations that Mr Mulcaire was, in fact, unable to rely on the privilege against self-incrimination because of the nature of the proceedings and Section 72 of the Senior Courts Act 1981.

DATA PROTECTION

“Your data, your rights: Safeguarding your privacy in a connected world”:

The Four Pillars of Data Protection Reform In a speech entitled “Your data, your rights: Safeguarding your privacy in a connected world” delivered on 16 March 2010 to the EU Privacy Platform, Vice-President of the European Commission Viviane Reding outlined strict privacy rules for personal data held on the internet. Commissioner Reding called for an overhaul of the current Data Protection Directive (95/46/EC) to be based on “four pillars”: 1) the right to be forgotten, 2) transparency, 3) privacy by default, and 4) protection regardless of data location. As regards the fourth, Commissioner Reding sounded a warning that the new data protection regime would seek to impose EU privacy standards on non-EU organisations, including social networking services, that process data on EU citizens, regardless of where such services are based and the processing takes place. With regard to the application of EU law, the speech echoes recommendations made by the Article 29 Working Party in its December 2010 Opinion on applicable law in relation to determining applicability of EU law to non-EU entities according to the targeting of services at EU consumers.

COMMERCIAL

OFT Market Study on Consumer Contracts

The market study by the Office of Fair Trading (OFT) on consumer contracts has considered the evidence on consumer problems with contracts. The report of the study sets out a framework for assessing harm from consumer contract terms, identifies how the existing legislation addresses those harms, and outlines contract problems of most concern to the OFT....

Please see full issue below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

McDermott Will & Emery
Contact
more
less

McDermott Will & Emery on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!