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UK

Court Decision May Be Closest Thing To BitTorrent Regulation

Court Decision May Be Closest Thing To BitTorrent Regulation

The High Court of Justice’s Technology and Construction Court recently ruled on whether relief could be sought against unknown “seeders” of BitTorrent files in AMP v. Persons Unknown. In June 2008, the claimant AMP either lost or had her cell phone stolen.  The phone had a digital camera which had been used to take sexually […]

Rooney Doesn’t Have To Pay Commissions Due To Unfair Restraint Of Trade

Rooney Doesn’t Have To Pay Commissions Due To Unfair Restraint Of Trade

Brent Randall is a JD candidate at the University of Ottawa. On December 1, 2011, the Court of Appeal of England and Wales ruled on a case involving English soccer superstar Wayne Rooney and his former agency, Proactive Sports Management Limited, over commission payments.  Among five issues the Court decided, the most important involved whether […]

"Communication To The Public" Also Hot-Button Issue Across the Pond

"Communication To The Public" Also Hot-Button Issue Across the Pond

Ben Farrow is a JD candidate at Osgoode Hall Law School. As previously reported by the IPilogue here, the Supreme Court of Canada is not the only national court grappling with the term “communication to the public”. Similar to two of the internet copyright cases heard by the Supreme Court of Canada earlier this month […]

British Sky v Digital Satellite Warranty: A "Made in Europe" Approach To Database Protection

British Sky v Digital Satellite Warranty: A "Made in Europe" Approach To Database Protection

Courtney Doagoo is a doctoral student at the University of Ottawa, Faculty of Law. On October 27, 2011, the High Court of Justice Chancery Division ruled in favour of British Sky Broadcasting Group PLC et al. (Sky) on a summary judgment against Digital Satellite Warranty Cover Limited et al. (Defendants). The Defendants were held liable […]

Flower Powers – ECJ Rules On Interflora v Marks And Spencer

Flower Powers – ECJ Rules On Interflora v Marks And Spencer

Ben Farrow is a JD candidate at Osgoode Hall Law School. On September 22, 2011, the European Court of Justice handed down a judgement on a series of trade mark related questions spurred by the long running dispute between international flower delivery network Interflora and English retailer Marks and Spencer. The case stemmed from a […]

The Dirty Details of Disclosure: Navigating the Fine Line Between Prior Art and Public Good in British Patent Law

The Dirty Details of Disclosure: Navigating the Fine Line Between Prior Art and Public Good in British Patent Law

Mekhala Chaubal is a JD candidate at Osgoode Hall Law School. On 27 July 2011, Mr. Justice Arnold of the Patents Court Division of the High Court of England and Wales, by refusing to grant a summary judgment to the plaintiffs in LG Electronics v Sony Europe Ltd & Others (“LG Electronics”) opened the door […]

ASA Rules On Ad For Joke Phone Hacking App: Guess The Joke Is On You, Jamster

ASA Rules On Ad For Joke Phone Hacking App: Guess The Joke Is On You, Jamster

Satomi Aki is a JD candidate at Osgoode Hall Law School. The Advertising Standards Authority (ASA), the independent advertising watchdog of the UK, upheld On July 13, 2011, complaints against Jamster, a SMS mobile phone content provider, over their ad for a joke phone hacking app that was originally televised in April 2011.

A “Charter Rights First” Approach To The Intersection Of Freedom Of Expression And Copyright

A “Charter Rights First” Approach To The Intersection Of Freedom Of Expression And Copyright

Graham Reynolds is an Assistant Professor in the Faculty of Law at Dalhousie University in Halifax, Nova Scotia, Canada, and an IP Osgoode Research Affiliate. Recent legislative developments in Canada and the United Kingdom (UK) have raised concerns that expansions in copyright protection may negatively impact freedom of expression rights. In June 2010, the Canadian […]

Role of intellectual property in the UK: do smaller firms benefit?

Role of intellectual property in the UK: do smaller firms benefit?

Mark Rogers (Harris Manchester College, Oxford University) focuses on applied analysis of intellectual property and performance in his research.   He is an IP Osgoode Research Affiliate. The role of IP in the UK, as elsewhere, is under active debate. In 2006 the Gowers Review of IP looked at all aspects of IP, although with a particular […]