Intellectual Property

Subscribe to Intellectual Property via RSS

Following its publication in the Official Journal of the European Union, the EU Trade Secrets Directive (2016/943)on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure will enter in to force on the 5 July 2016. Member States will have two years from this date to implement the provisions of the Directive into national law.Continue Reading Trade Secrets Directive- 5 July 2016

The High Court in the UK has again endorsed the use of predictive coding, ruling it as being the most appropriate and proportionate approach to disclosure despite disagreement between the parties surrounding its use. In a previous blog, we outlined how the UK High Court in the Pyrrho case ruled that predictive coding was appropriate to discharge a parties obligations regarding electronic disclosure.

In the most recent judgment, (yet to be published), the concept of using predictive coding in a disclosure exercise was strongly contested. Berwin Leighton Paisner acting for the respondent note that the petitioner’s solicitors wished to adopt a “traditional” approach to document review, where the inboxes of an agreed a list of custodians would be filtered using an agreed list of search terms, and the responsive documents would be subject to a manual review.  It was put to the court that the costs of the traditional approach would be excessive, and that superior results could be achieved at a more proportionate cost using predictive coding.

Continue Reading UK High Court endorses Predictive Coding (Part II)

The European Council was yesterday due to adopt the directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (“Trade Secrets Directive“), following a vote by the European Parliament on 15 April 2016.  This was following a long legislative process which began with a draft directive in 2013.
Continue Reading Can you keep a (trade) secret?

On 16 March 2016, the Advocate General (AG) delivered an Opinion, in McFadden v Sony Music Entertainment Germany GmbH Case-484/14, that a business offering free WiFi access to the public cannot be held liable for copyright infringement committed by a user of that WiFI. The decision confirms the applicability of the E-Commerce Directive, and the “mere conduit” defence, to free WiFi providers.Continue Reading WiFi providers not liable for copyright infringement by users

The High Court in the UK has fully endorsed the use of predictive coding in discharging a parties obligation regarding electronic disclosure. Master Matthews, in Pyrrho Investments and others v MWB Property and others [2016] EWHC 256 (Ch), noted in this case that "there were no factors of any weight" to point in the direction of not using predictive coding for the disclosure process.  This is the first time a UK Court has given judgment on the area, while noting the limited Irish and US jurisprudence on the topic.

Predictive coding, often referred to as technology assisted review, is the use of computer software to review and analyse documents, determining if they are of relevance to the issues of the case. It is not without human input however, as the computer must first be "trained" in order to determine relevance.  Based on the training received the software can review and score documents for relevancy, subject to quality assurance exercises carried out by the human reviewer.Continue Reading UK High Court endorses Predictive Coding in Discovery

The conference on Modernising Copyright, jointly organised by the Irish Centre for European Law and the School of Law, Trinity College Dublin, brought together a number of interesting academics, practitioners and commentators, for a lively discussion concerning various aspects of the future of copyright law in Europe. Among the issues addressed were the development of a Digital Single Market (DSM) in Europe, the nature of copyright exceptions and limitations, and the position of online service providers and intermediaries vís-a-vís copyright infringement. Continue Reading Modernising Copyright – ICEL/TCD Conference

The Office for Harmonization in the Internal Market (OHIM) last week published its decision in relation to the application of the well-known fast-food outlet Supermac’s for a Community Trade Mark (CTM). In a split decision, OHIM ruled that Supermac’s is not entitled to use its brand to sell fast-food/takeaway products or services or to use the brand as a CTM on certain foodstuffs (e.g. meat, fish, poultry, chicken, onion rings, hamburgers, nuggets or chips) in the EU. This decision comes following the filing of extensive opposition by arguably Supermacs’ biggest competitor, McDonald’s.Continue Reading Big Mac stronger than Supermac’s

The International Patents Group at Taylor Wessing recently launched their online patent map, an interactive tool that allows users to compare different patent litigation regimes across Europe. The tool answers key questions on the law and practice of patent litigation to include procedure, claim construction, validity, interim measures, costs, and appeals, while allowing users to compare the answers for other European countries.  A&L Goodbody contributed to the Irish section.Continue Reading Taylor Wessing launches online Patent Map

The EU has published a trade mark reform package for 2016, comprising a new Community Trade Mark (CTM) Regulation and Trade Mark Directive.

The Regulation, which sets out the rules and procedures governing CTMs, will come into effect on 23 March 2016. The updated Trade Mark Directive will introduce a number of similar provisions in respect of national trade mark systems, however, its provisions will not come into effect until January 2019.Continue Reading Trade Mark Reform Scheduled for 2016

A San Francisco judge has indicated that the monkey who took a suite of selfies when a photographer’s camera was left unattended in the jungle is not entitled to ownership of the copyright in the images. The judge said that while the protection of the law can be extended to animals, there is nothing to suggest that this protection reached as far as giving animals rights under copyright legislation.

The case was taken last year by People for the Ethical Treatment of Animals (PETA), who claimed copyright infringement on behalf of the monkey and sought an order allowing it to…
Continue Reading San Francisco Court: No Copyright Ownership for Monkey