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Competition Law
US Department of Justice investigates IBM over allegations of anti-competitive behaviour…...
It is not necessary to show consumer detriment when showing an agreement had the object of distorting competition – GlaxoSmithKline v Commission, European Court of Justice…...
Contracts
Arbitration clauses can be void if they prevent an agent from benefiting from the EU’s Commercial Agents Directive – Accentuate v Asigra Inc, Court of Appeal…...
Distributor in breach for failing to use all reasonable endeavours to promote the products, and it could not argue that the contract had been novated to other group company – CEP v Steni, High Court…...
Contracting parties can continue to exercise rights under contract including right to terminate, even if dispute resolution process has started – Ericsson v EADS, High Court…...
Subject to Contract’ wording does not always work, and once lifted it can’t be reinstated – Jirehouse v Beller, High Court…...
Subject to Contract’ wording does not always work, and once lifted it can’t be reinstated – Jirehouse v Beller, High Court…...
Copyright and Database Rights
Man sentenced to three years in jail for selling pirated software on eBay…...
BSA steps up efforts to stop pirated software…...
Continuing to offer digital back issues of newspapers infringed photographer’s copyright – Grisbrook v MGN, High Court…...
EU allows P2P file-sharers to have their Internet connection cut off – but is it already too late?…...
Deceased artists’ families will not benefit from artists’ resale right until at least 2012…...
Cybercrime and Security
Spam emails containing viruses reaches record level…...
Businesses fail to report cybercrime amid fears of business disruption…...
Data Protection / Privacy / Confidentiality
Police forces and not data protection regulators should be able to decide how long it’s appropriate to keep old criminal convictions data -...
Newspaper accepts that publication of Madonna’s wedding photos eight years after the big day invaded her privacy…...
Ministry of Justice consults on custodial sentences for those involved in the unlawful trade of personal data…...
Parliament group looks to have better privacy laws to regulate behavioural advertising…...
Defamation
Qualified privilege defence cannot be relied on once allegations have been found to be unproven – Gary Flood v Times Newspapers, High Court…...
Domain Names
Non-Latin-script domain names to be allowed…...
E-Commerce Laws
E-money gets new lease of life with less strict rules…...
Employees
Court of Appeal highlights importance to look at what actually happens in practice and not just what contract says, when determining whether someone is employed or a self-employed service provider -...
Interception of Communications
European Commission threatens UK with court action for failure to implement e-privacy laws…...
IT and Internet Use
European Commission decides to clamp down on discriminatory Internet prices…...
Having everyone online could save UK economy £22 billion…...
Jurisdiction
Jurisdiction clause meant party to agreement had to fight legal action in England, whilst another company in its group had to fight it in China – Morgan Stanley v China Haisheng, High Court…...
Misleading Advertising
ASA rules fake invoice ad was misleading…...
Actimel TV advert not given clean bill of health by advertising watchdog…...
Misleading Selling
OFT launches investigations into online pricing and targeted advertising…...
Patents
Virgin feels more comfortable after latest result in battle over airline seat – Virgin Atlantic v Premium Aircraft Interiors, Court of Appeal…...
Trade Marks and Passing Off
Reputation within small part of EU is sufficient to stop someone using registered trade mark in relation to dissimilar goods or services - PAGO v Tirolmilch, European Court of Justice…...
‘Rubik’s Cube’ trade mark is valid, confirms OHIM Board of Appeal…...
Daimler proves that its registered trade mark has been genuinely used but wins pyrrhic victory – Daimler v Sany Group, High Court…...