European IP Bulletin, Issue 81

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In Depth


Musion Systems Ltd v Activ8-3D Ltd: Disposal, Making and Offer to Supply

In Musion Systems Ltd v Activ8-3D Ltd [2011] EWPCC 12, the judge ruled on a preliminary issue in a patent infringement action regarding the extent to which various acts by four Defendants amounted to offering for disposal, manufacture and supply of certain infringing apparatus under Section 60(1)(a) of the Patents Act 1977 (the Act).


Court of Appeal of England and Wales Allows Appeal in Unlawful Threats Action

In Best Buy Co Inc v Worldwide Sales Corporation España SL [2011] EWCA Civ 618, the Court of Appeal of England and Wales has allowed an appeal against a decision that a letter before action containing threats of infringement fell within the “without prejudice” rule because the letter also contained an offer to negotiate an out-of-court settlement of the parties’ dispute.


Rights Holders and Internet Service Providers Discuss Combating File-Sharing

The European Commission’s Stakeholders’ Dialogue on illegal uploading, downloading, and file-sharing was concluded with the publication of a Synthesis Report. The Report sums up the content of the meetings and discussions held by various participants to the Dialogue.

Solicitor Picks up The Bill as Claim For Wasted Costs Order is Upheld Successfully

Andrew Crossley and his law firm ACS:Law have been issued with a wasted costs order, following its mass letter writing campaign regarding alleged copyright infringement of Media CAT’s copyright material (Media CAT Ltd v Adams & Ors [2011] EWPCC 10)


PepsiCo v Grupo Promer Mon Graphic SA: Advocate General Analyses “Designer’s Degree of Freedom” and “Informed User”

In PepsiCo v Grupo Promer Mon Graphic SA C-281/10 P, Advocate General Mengozzi offered his analysis of the key but nebulous concepts of “degree of freedom of the designer” and “informed user” under the Community Design Regulation (6/2002/EC).


Super-Injunctions made by United Kingdom Courts

On 20 May 2011, the Report by the Committee on Super-Injunctions—“Super-Injunctions, Anonymised Injunctions and Open Justice”—was published. The Report examines procedural issues surrounding super-injunctions and anonymised injunctions and considers how the courts should approach them.


UK Cookie Compliance: As Easy as 1, 2, 3….?

The Information Commissioner’s Office (ICO) has published guidance on the use of cookies technology to assist companies in complying with the new cookie regime that came into force on 26 May 2011. The advice is useful, but is vague on the practical and technological measures that would enable website operators to be compliant with the new law. Thankfully, the ICO is giving operators 12 months to “get their house in order” before enforcement begins.


The European Commission Releases a New Strategy on Intellectual Property Rights

Due to the growing importance of online activities, the European Commission considers that the existing mix of European and national rules on intellectual property rights (IPRs) need to be modernised. As a result, on 24 May 2010, the Commission set out its blueprint for IP rights to boost creativity and innovation within Europe.


Rights Holders, Internet Platforms and Anti-Counterfeiting Organisations Sign Memorandum of Understanding

Various stakeholders in the field of e-commerce have reached a non-binding agreement to cooperate in the fight against the sale of counterfeit goods online.


Jurisdiction: Ruling on The Scope of Article 22(2) of the Brussels Regulation

The Court of Justice of the European Union has ruled on the scope of Article 22(2) of the Brussels Regulation. The Regulation allows EU counter-parties to choose which Member State they wish to have jurisdiction over their disputes about particular legal relationships (such as contracts).