8 5 May 2006

News:

Internet service providers and human rights groups are likely to challenge the UK Government's plans to implement Part 3 of the Regulation of Investigatory Powers Act 2000 (RIPA), which allows authorities to access encrypted electronic data. The penalty for failure to disclose data will be prison sentences of up to five years.

Internet advertising spend increased by 40% in the first quarter of 2006 over the first quarter of 2005, reported Thomson Intermedia and KPMG in media spend figures published in their quarterly bulletin. Internet advertising spend in Q1 2006 was up 16% over Q4 2005, in contrast to a decline in total advertising spend after Christmas.

The development and use of software by China and other countries that allows ISPs to register top-level internet domains (such as '.com') in non-Roman alphabet, is adding to the growing pressure on the Internet Corporation for Assigned Names and Numbers' (ICANN) control of the internet.

Features:

IC calls on Parliament for tougher penalties for those who unlawfully trade personal data
Counterfeiting and Piracy Directive
Amendments to Computer Misuse Act 1990 close loop-holes
European Commission publishes i2010 Digital Libraries Initiative results
Office of Fair Trading launches fact-finding into online shopping

The Government's intention to activate Part 3 of RIPA has reignited the debate on the legislation's merits, six years after the original Act was introduced without these controversial provisions.

The recent court order requiring Google to hand over search data to the US Department of Justice raised concerns that rights to privacy are being eroded. Phil Lee, a solicitor at Denton Wilde Sapte, examines the case and assesses whether it could happen in the UK.

The High Court recently ruled on the long running dispute between Apple Corps and Apple Computer over the use of the apple logo on its iTunes music delivery service. Conan Chitham, partner at Mishcon de Reya, analyses the judgment and the lessons to be learned for future trademark agreements.

Online gambling companies are continuing to seek more effective and inventive ways to promote their brands and appear willing to allocate significant monies in order to do so. In recent months there have been a number of high-profile deals where gambling operators have sought to obtain exposure via sport. Luisa Hoffman, a solicitor with Olswang, considers the opportunities open to operators, and also some of the issues arising in connection with such activities.

A recent Court of Appeal decision has given important guidance on the key issues to be considered when assessing the value of confidential information when damages are being sought for its use. Anthony Riem and Vasco de Oliveira of Philippsohn Crawfords Berwald Solicitors examine the decision.

This recent High Court case illustrates the difficulties that copyright holders face when attempting to seek protection for computer games. Hannah Ward, a lawyer at Willoughby & Partners, examines the judgment, which confirmed that composite frames are capable of protection as 'graphic works'.

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.

Trade Marks: FIFA, Federal Court of Justice
Data Recovery: Paul Harper v ICO
Copyright: Curry v Weekend