Tuesday, April 15, 2008

Data Protection Developments

The latest issue of E-Commerce Law Reports (Vol. 7 Iss. 5 April 2008) is now available, which includes:


In 'Promusicae v Telefónica', the European Court of Justice rules on the obligation of member states to order the disclosure of personal data on copyright infringers in civil actions (on the case of Promusicae v Telefónica, this has been discussed in a recent SCL article)


In 'Karen Murphy v Media Protection Services', a pub landlord loses her appeal over the broadcast of live FA Premier League football matches using a foreign satellite system which is capable of decoding and broadcasting foreign satellite signals.


In Ezsias v Welsh Ministers, the High Court sets out the obligations placed on data controllers when faced with subject access requests under the Data Protection Act.


In an application to the Administrative Court by The Times, The Guardian and Financial Times, the Court applies a purposive construction to the CPR in facilitating public access to court documents.


In 'The FA Football Association Premier League Limited v QC Leisure', the High Court considers the use of Article 81 of the EC Treaty as a defence to allegations of circumventing the cost of broadcasting FA Premier League matches using foreign satellite systems


In MySpace, Inc v Total Web Solutions Ltd, MySpace wins the right to the 'myspace.co.uk' domain name, despite the respondent registering it approximately six years before MySpace was founded.


In 'Ingenico v Pendawell', the UK Intellectual Property Office revokes the patentability of an electronic payment system using assessment criteria which is at odds with European Patent Office caselaw.


In Grütter v Lombard, the South African Supreme Court of Appeal delivers a judgment paving the way for recognition and protection of image rights under South African common law.


In 'Astron Clinica Limited', the UK Patents Court considers whether patent claims could ever be granted for computer programs.

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