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European Union

The copyright claws come out in EU catwalk photo battle

Tout arrive en France, especially for folks following recent intellectual property news. The European Court of Human Rights (ECHR) released a key judgment in January in a case that pitted copyright against freedom of expression.

Developments in Data Protection in 2012 and Trends for 2013

The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective. 2012 was a very busy year for Italian lawmakers. Several laws significantly amended the Italian data protection legal framework, as set forth in the Italian Data Protection Code (Legislative Decree No. 196/2003).

The Reference to the CJEU in Case C-466/12 Svensson

The European Copyright Society (ECS) was founded in January 2012 with the aim of creating a platform for critical and independent scholarly thinking on European Copyright Law. Its members are renowned scholars and academics from various countries of Europe, seeking to promote their views of the overall public interest.

Mining the Digital Gold Rush: The Legal (L)ore around France's Data-Mining Tax

With markets in real property, personal property, and intellectual property quite cornered, the future-savvy lawyer might consider their cutting-edge cousin, if France's data-mining tax proposal has its way: what could be termed existential property*, courtesy of Google, Facebook, Amazon, and the like. Or rather, courtesy of their users, whose digitally collected personal data may be wholesale […]

Live and Let Die: Gene Patenting Plot Thickens as the Patent/Trade Secret Line is Blurred

The long battle in the American courts over Myriad Genetics’ patents of BRCA1 and BRCA2, the primary diagnostic genes for hereditary breast and ovarian cancer has been well-documented in the IPilogue (see coverage by Beatrice yesterday as well as previous posts here, here, and here). Now, Myriad is poised to defend their patents at the Supreme Court for a second time, with […]

UK Collecting Societies To Adopt Minimum Standards

The UK government has released a minimum standards document detailing codes of conduct to be implemented by all UK collecting societies. The document details collecting societies’ obligations to rights holders and licensees, and follows recommendations made in an independent report commissioned by Prime Minister David Cameron in 2010.

Sunny with a Chance of Chill: Forecasting EU's New Cloud Computing Strategy

At the risk of raining on the EU's cloud parade, the European Commission's recently unveiled report, “Unleashing the Potential of Cloud Computing in Europe”, also threatens to unleash a legal storm of international regulatory ordeals, multi-jurisdictional issues, privacy and security battles, and commercial liability. Alas, that is the price of technological ambition: one is always waiting for […]

Stay Wars: Apple Strikes Back (UPDATED)

Having won the patent infringement battle in the High Court of Justice of England & Wales, Samsung is determined to win the war. Apple, however, is attempting to stave off the offensive by fighting to have a controversial court order stayed.