5 10 October 2003

News:

Patent experts fear that the EU Directive on the Patentability of Computer Implemented Inventions as amended by the 25 September vote in the European Parliament will sow confusion rather than clarity.

Rights holders’ ability to take action against those infringing their copyright has been strengthened by the UK Copyright and Related Rights Regulations 2003/2498 which comes into effect from 31 October.

The Assistant Information Commissioner Phil Jones will be speaking at half-day events in Edinburgh and London next month, organised by e-commerce law & policy, which explain in detail how to comply with the recently passed privacy regulations that affect email marketing, which come into force in December.

Features:

This Autumn has seen a flurry of activity in the implementation of European Directives which will have a far reaching impact on the way UK companies do business.

The Privacy and Electronic Communications Regulations
Regulation of phone and internet records
Regulation of Investigatory Powers (Communications Data) Order 2003
Electronic payments
Blind internet accessibility
International Chamber of Commerce to help companies with e-business
Internet safety
The Copyright Directive
Legal obstacles to e-business
Tobacco advertising
Dates for your diary!

Since the recent birth of computer forensic examination, its bible - albeit a slim one - has been “The ACPO Guidelines” The Association of Chief Police Officers have recently updated these in association with the National Hi-Tech Crime Unit (NHTCU) in attempt to keep pace with the rapidly changing world of IT. This article looks at the problematic nature of email evidence.

In the aftermath of the events of 11 September 2001, the United States adopted new security regulations obliging the airlines to transfer their passenger data to the US Customs. This obligation puts the airlines in a rather difficult position. On the one hand, they are obliged to observe the legislation on data protection implementing Directive 95/46/EC.1 On the other hand US legislation requires them to forward data, which requirement is backed up by severe penalties. This article examines the conflicting demands and attempts to reconcile them.

Software and business method patents have been a matter of contentious debate for the business and IP communities for some time now, with strong lobbies arguing both sides of the debate. This article looks at the progress of the EU Directive on the Patentability of Computer Implemented Inventions and the impact of recent amendments in the European Parliament.

Two recent cases in the US have caused consternation in the online gambling world. This article examines the facts behind the sentencing of an attorney to five years in prison for his role in the structuring of an offshore gaming site and the prosecution of a North Dakota man for gambling online. The article considers the implications of these decisions

With the Copyright and Related Rights Regulations 2003/2498 the UK has finally implemented, with effect from 31 October, Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society, otherwise known as the Copyright Directive. This article examines the rights, exceptions and liabilities which are created by the regulations.

The National Consumers League reported in January 2003 that there was an average loss of US$484 per person due to internet fraud in the first six months of 2002. According to the Gardner Group international losses from online fraud reached US$1.64 billion in 2002.