The Private Security Authority (PSA) has published a public consultation document which proposes regulating the Private Investigator Sector. The consultation follows the recent prosecutions of private investigators by the Data Protection Commissioner (DPC), for illegally obtaining people’s personal information (see my previous blog here).Continue Reading Consultation launched on regulation of private investigators

In the wake of its recent win against "screenscraper" website eDreams, Ryanair has claimed another victory following a referral from the Dutch Supreme Court to the Court of Justice of the EU (CJEU) on the Database Directive (96/9/EC).

In brief, the CJEU held that owners of publically available databases, which do not fall under the protection of the Database Directive, are free to restrict the use of the data through contractual terms on their website. The decision in Case C – 30/14 Ryanair v PR Aviation BV marks the CJEU’s first copyright judgment of the year.Continue Reading Ryanair in another victory against the screenscrapers

In a scene reminiscent of the often overlooked 1983 gem ‘War Games’ (in which Matthew Broderick stars as a student who hacks into a military supercomputer and unwittingly ignites global nuclear warfare), the US and UK governments have announced that they intend to inflict cyber-attacks against each other in an attempt to beef up their respective defences to the reality of cyber terrorism.Continue Reading Is it a game or is it real?

The Intellectual Property (Miscellaneous Provisions) Act 2014 has been enacted. It introduces a small number of amendments to Patents and Trade Marks legislation. 

It expands the research exemption in our patents legislation to benefit companies engaged in the pharmaceutical sector in Ireland. This will be done by providing legal certainty on the aspect of immunity from patent infringement where clinical tests and trials are carried out in order to develop new or generic versions of medical and veterinary products, while the derivative products continue to enjoy legitimate patent protection. The new provisions will apply to tests and trials carried out in Ireland for the purposes of getting regulatory approval of the new products anywhere in the world.Continue Reading Intellectual Property (Miscellaneous Provisions) Act 2014 enacted

In recent years there has been an explosion of mobile applications (apps), with 1,600 new apps reportedly being added to app stores daily. Along with the increasing popularity of apps, there has been an increase in privacy concerns amongst Data Protection Authorities (DPAs) and consumers.Continue Reading Global DPAs urge app marketplaces to make links to privacy policies mandatory

New Balance has kicked off a trademark action against Nike-owned Converse concerning its PF Flyers brand and the Converse trademark on Chuck Taylors. New Balance is requesting that the Federal Court in NY cancel the Converse trademark registration, which was obtained in 2013, so that they may continue selling their version of the shoe. New Balance has set out in court filed papers that the products are different enough and that consumers are unlikely to confuse the two. 

Last October saw Converse file a trademark action against 31 companies, notably not including New Balance, who they accused of infringing their trademark by producing knock-offs of their famous Chuck Taylor designed shoe. Should Converse be successful in this action New Balance has indicated their concern as to how such a ruling would be enforced.Continue Reading New Balance trademark action against Converse

There has been much debate during 2014 about the effectiveness of the US Safe Harbour regime. Many EU commentators have queried its effectiveness, pointing in particular to the lack of enforcement over the years by the Federal Trade Commission (FTC), the body which effectively is charged with dealing with complaints that companies are not in compliance with their public representations of adherence to the Safe Harbour principles.
Continue Reading SnapChat Signs Up to 20 Years of Data Protection Audits

On 11 December 2014, the Court of Justice of the European Union (CJEU) ruled that domestic use of CCTV surveillance should be strictly limited, and that the exemption in article 3(2) of the Data Protection Directive 95/46/EC for "personal or household activity" does not permit the use of domestic CCTV that also records any public space.Continue Reading CJEU restricts use of CCTV surveillance for domestic purposes

On November 23rd, Symantec, the American antivirus company, announced the discovery of a piece of software called Regin, which it had found lurking on computers and stealing data in Ireland, Russia, Saudi Arabia and several other countries. Its sophistication and stealth led Symantec to conclude that it must have been created by a nation-state.

The Regin software appears to have been lurking on some computer systems from as long ago as 2008 and Symantec said it was unusually low-key, meaning it could be used on a target for several years before being noticed. Symantec have described the purpose of Regin…

Continue Reading Regin – State Sponsored Hacking

Audit provisions are a common feature of a wide range of IP and technology agreements. They can be seen by those seeking the audit right as a practical way to monitor key aspects of a commercial deal. Security standards being applied to data, accuracy of billing, compliance with licence restrictions or, in some cases, general compliance with the agreed contract are often the subject of audit rights.

The general compliance audit right seems useful on the face of it. But a recent English High Court decision illustrates that a broad audit clause can raise more questions than it answers.

The…
Continue Reading Audit Clauses in IT Contracts: The Broader the Better?