8 4 April 2006

News:

EU Commission proposals for a directive criminalising intellectual property offences would lead to major enforcement problems, according to a leading intellectual property lawyer.

The UK Government's Office of Fair Trading (OFT) has launched a 'fact-finding study into internet shopping', which is designed to explore consumer confidence, regulatory protection, consumer rights and compliance issues.

Ofcom has released proposals to amend Number Translation Services (NTS) from January 2008, to establish that companies should charge no more for 0870 numbers than for national calls to geographic numbers (starting with '01' or '02'), unless they make an announcement at the start of the call.

Features:

.mobi sees sunrise
Sun sets over .eu
London Olympic Games and Paralympic Games Act 2006
European Commission reports on the progress of electronic signatures
Information Commissioner's Office publishes guidance on database trading
Premier for Hollywood as it goes online

The EU Commission's proposal for a directive criminalising intellectual property infringements is a controversial move which is certain to divide opinion over enforcement.

The OFT has recently issued guidance aimed at suppliers of IT goods and services who enter into contracts with consumers using distance selling methods. The guidance offers important advice for companies in complying with the various regulations as well as the enforcement action they may face should they fail to comply. Nick Graham and Mark Young of Denton Wilde Sapte explain the guidance.

A recent High Court ruling has stated that ISPs are not liable for playing a passive role in facilitating defamatory content on the internet. It was found that to impose legal responsibility for publication, an assumption of 'general responsibility' is required. Nigel Miller, partner at Fox Williams, examines the case and its implications for ISPs.

Blogs are becoming a valuable corporate tool, allowing companies to communicate effectively with customers and industry partners. However, there are a number of inherent risks which should be considered by companies considering adopting a blogging strategy. Kiran Sandford, partner at Mishcon de Reya, examines the issues.

In June, draft two of the GPL version 3 open source licence will be released, which the Free Software Foundation (FSF) is expected to use to raise awareness of Digital Rights Management and the restrictions that it places on open source software. Catherine Stromdale, solicitor at Wragge & Co. LLP, examines the issues that the FSF has with DRM, and analyses if the issue of GPL version 3 will influence a manufacturer's decision regarding its use of DRM.

Rapid developments in technology and the territoriality of IP laws make it increasingly difficult for companies to protect and fully utilise their intellectual property assets. Jeremy Lack, Director and General Counsel of Medabiotech SA and CIArb member, examines these difficulties and the role of mediation as a potential solution to IPR disputes.

Christopher Rees, Head of the Herbert Smith LLP Global TMT group and Dominic Callaghan, senior associate, provide an overview of the latest key developments in IT and eCommerce in the EU.

Copyright: Public Prosecutor & SCCP v Anthony G
Defamation: Keith-Smith v Williams
Spamming: Dresden Local Court 114 C 2008/05