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What to watch out for in 2012…..

04/01/2012

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United Kingdom

What to watch out for in 2012…..

This article was included in the winter 2011/12 issue of snIPpets - the intellectual property newsletter.

UK judgments (following CJEU rulings) in:

  • L'Oreal v eBay on intermediary liability – no date confirmed
  • Football Association Premier League v QC Leisure on copyright in satellite broadcasting of football matches – hearing was on 15/16 December 2011 and judgment due early in 2012
  • Interflora v Marks & Spencer on keyword advertising: the use by M&S of Interflora as an advertising keyword – no date confirmed

Other UK High Court judgments

  • A&E Television Networks & Anor v Discovery Communications Europe on trade mark infringement in relation to the use of 'Discovery History' – hearing scheduled for July 2012
  • (1) Dunhill (2) Montblanc (3) Cartier v Aspinal of London – on keyword advertising: the use by Aspinal of the luxury brand names as advertising keywords – no date confirmed but claim issued in February 2011

Court of Appeal

  • BT and Talk Talk appeal against the High Court's rejection of their application for judicial review of certain provisions of the Digital Economy Act 2010 – CA hearing scheduled for 16 January 2012

Supreme Court

  • Newspaper Licensing Agency v Meltwater Holding (on appeal from the Court of Appeal) – on the scope of copyright protection when browsing newspaper headlines and extracts – the Supreme Court is experiencing a back log of cases so this ruling is expected at the end of 2012 or the beginning of 2013

AG Opinion

  • ITV v TV Catch Up on copyright aspects of live internet streaming of terrestrial TV broadcasts – no date confirmed and could be 2013
  • Football Dataco v Sportradar – on database rights – no date confirmed and could be 2013

CJEU rulings

  • SAS Institute v World Programming Limited - on the scope of copyright protection for computer programs – no date confirmed but usually about 6 months after AG Opinion (29 November 2011)
  • CIPA v Registrar of Trade Marks ("IP Translator" case) - on class headings in trade mark specifications – no date confirmed but usually about 6 months after AG Opinion (29 November 2011)
  • Football Dataco  Ors v Yahoo! - on the scope of copyright protection in databases – no date confirmed but usually about 6 months after AG Opinion (15 December 2011)

General

  • The Hargreaves review -  progressing recommendations, in particular in relation to modernising the copyright system to bring it in line with the digital age – interested parties have until 21 March 2012 to respond to proposals
  • The European Commission – progressing the EC's action list, in particular in relation to working to adopt regulations for a unitary patent and unified patent court (despite challenges from Italy and Spain), modernising and harmonising copyright law and modernising the Community Trade Marks Regulation (the latter is due to be addressed in February 2012)
  • Patents County Court reforms - New small claims court (£5000 damages cap) – aimed to be in place by the end of 2012 and change of name
  • The London 2012 Olympic Games – potential increase in ambush marketing
  • Applications for new generic top-level domain names (gTLDs) e.g. .canon, .supermarket – application window opens on 12 January 2012
  • Digital Economy Act 2010 – potential final draft of 'initial obligations code' expected in 2012 pending outcome of BT and Talk Talk appeal.

 

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