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Richard Taylor
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Reinventing intellectual property litigation
The Patents County Court has undergone a major makeover, to make it the venue of choice for small-to-medium-sized intellectual property disputes.
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The implications of a court ruling on vague IT contract terms
In my last column I described the syndrome of IT contract blindness – the ailment that causes parties to an IT contract not to notice that the words in the agreement bear little resemblance to what they are actually planning on doing. Since writing, it has fallen to the Court ...
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The Digital Economy Act 2010 and online copyright infringement
The Digital Economy Act 2010 – legislation to fit Britain for the digital age, or the oppressive tool of capitalist lickspittles? You be the judge.
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IT/IP: Google and brand searches
A landmark decision from the European Court of Justice will have brand owners checking whether, and how, third parties use their brands as internet search terms.
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IT/IP: disaster hits project Jupiter
This is every IT lawyer’s worst nightmare. You draft and negotiate a contract for a new IT system; the system fails; the claims start to fly; and a key issue is the interpretation of the contract that you drafted.
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Intellectual property: How L’Oreal won the battle of the scents
In a major victory for the owners of well-known brands, the European Court of Justice may have crushed the market in ‘imitation’ products – and caused problems for any brand that might be similar to a well-known brand.
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Information technology: data retention regulations
The contentious Data Retention (EC Directive) Regulations 2009 came into force on 6 April, in the face of opposition from privacy campaigners and serious questions from lawyers. Billed as a vital tool in the fight against terrorism and other crime, the regulations stand accused of being yet another snoopers’ charter.
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A roundup of several recent trademark decisions
Decisions on trademarks are handed down by a number of tribunals and come too thick and fast for the non-specialist practitioner to be alive to every one. What follows is a crash course in some of the most significant decisions of the past few months.
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Hard choices: software patents, open source
This summer the Court of Appeal handed down its latest decision on the patentability of software in the UK, while a new standard licence was published for open source developers.
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IP/IT: English courts and patent injustice
The English courts have a reputation for being hostile to patents. There exists a perception that if the validity of a patent is challenged – for example, on the classic grounds that the patented invention is not novel, or that it is obvious, or that the patent does not sufficiently ...
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Comparative advertising - the ECJ fizzes it up
In a ruling that could have a noticeable impact on advertising in the UK and across Europe, the European Court of Justice (ECJ) last month ruled that businesses can use the distinctive trademarks of their competitors when comparing their goods and services.
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Search engines and trademarks
IP/IT law update: A battle is currently raging between brand owners and Google.