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15. Software patents  

makes a strong case for more reliability with respect to SEP essentiality. Stakeholders report that recorded declarations create a de facto presumption of essentiality in negotiations

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11. Copyright in the digital environment  

way as had always been the case in the analogue environment. The problem with Art.5 has always been in the phrasing. What exactly is meant by ‘essential’ and what is meant by ‘no

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Cover Information Technology Law

11. Copyright in the digital environment  

way as had always been the case in the analogue environment. The problem with Art. 5 has always been in the phrasing. What exactly is meant by ‘essential’ and what is meant by ‘no

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Cover Information Technology Law

17. Enforcement issues  

court, except in cases where the infringer did not know or have any reason to believe that infringement was taking place. The normal measure of damages in civil cases takes account of

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20. Trade mark issues  

trademark. This is an interesting case but, as with all interesting cases, perhaps creates more questions than answers. There have been many cases of trademark owners losing their

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Cover Information Technology Law

13. Databases  

subsidiary Fixtures Marketing lost a number of cases at the CJEU. These cases are discussed in depth below, but the key finding of these cases was that the database of football fixtures

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Cover Information Technology Law

13. Databases  

subsidiary Fixtures Marketing lost a number of cases at the CJEU. These cases are discussed in depth below, but the key finding of these cases was that the database of football fixtures

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Cover Information Technology Law

10. Digital creatives and copyright law  

been one major case on copyright and fanfiction. It is not a case involving traditional fanfiction, that is, the written word stored in an online database; this case involved video

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9. Software  

afforded to software. It is essential that whatever form the next generation of software protection takes we do not repeat the mistakes of the look and feel cases of the 1980s and 1990s

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16. Copyright protection  

the case of Infopaq International A/S v Danske Dagblades Forening as requiring that: The act is temporary; it is transient or incidental; it is an integral and essential part

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14. Key elements of the patent system  

identify the essential features or integers possessed by the patented product. These are then compared with those of the competing product. If the latter replicates the essential elements

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12. Copyright infringement in the digital environment  

extremely bullish in finding this would not be the case: I consider that the present case is clearly distinguishable from that case ( SABAM ). Quite simply, the Studios are not seeking

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14. Branding, trade marks, and domain names  

More common among the early cases were cybersquatting claims. Probably the first such case was Harrods Ltd v UK Network Services Ltd. 36 This case involved a well-known UK cybersquatter

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12. Copyright infringement in the digital environment  

15(1). He was bullish in finding this would not be the case: The present case is clearly distinguishable from that case ( SABAM ). Quite simply, the Studios are not seeking an

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Cover Information Technology Law

10. Digital creativity and copyright law  

two essential elements of pastiche: (1) it imitates the style of another work; or (2) it is an assemblage (medley) of a number of pre-existing works. He adds that in both cases the

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5. The data protection principles  

Harrow Borough Council, and Rhondda Borough Council. 55 Case DA/90 24/49/5. 56 Case DA/90 24/49/3. 57 Case DA/90 24/49/2. 58 Case DA/90 24/49/4. 59 s. 6. 60 Information Commissioner’s

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7. Defamation  

libel law … the present case is a multi-jurisdictional case. It is also a case in which all the constituent elements of the torts occurred in England … In such cases it is not unfair that

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24. Contractual issues  

good faith was necessary in the case of this contract to ensure business efficacy, the court examined a range of case law and noted that: The modern case law on the construction of contracts

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Cover Information Technology Law

23. Data protection: rights and obligations  

one would claim the play is about Ophelia or Laertes, but they are essential for the story of Hamlet. So is the case of personal data. Personal data is, in Auld LJ’s words, information

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9. Software  

to software. It is essential, however, that whatever form the next generation of software protection takes we do not repeat the mistakes of the look and feel cases of the 1980s and 1990s