Podcast Location:
Download it here [file size: 51.9 MB]
Categories:
IT, Technology & Telecoms
European Law
Intellectual Property Law
Information & Data Protection Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at those interested in intellectual property and technology law developments. It examines a number of recent developments and their significance for IP rights holders including the registration of single colour trade marks, the difficulties in relying on trade marks that are largely or exclusively descriptive or otherwise devoid of distinctive character and the threshold for registering ‘scandalous’ trade marks in Australia. It also provides helpful clarification for owners of database rights in pursing infringement proceedings, the limits of data protection rights in cases where disclosure is acceptable in the interests of justice and whether there is a proprietary right in the contents of an email.

Outcomes:
After completing the course you will:
  • Be aware of the High Court’s affirmation that a single colour per se can be registered as a trade mark;
  • Have considered the difficulties in relying on a trade mark that is largely or exclusively descriptive or otherwise devoid of distinctive character;
  • Appreciate the necessary elements required for a successful passing off claim;
  • Have considered the Australian perspective on the registration of ‘scandalous’ trade marks;
  • Know the circumstances under which foreign infringers can be pursued in local courts;
  • Know when a database right will exist under the Database Directive;
  • Appreciate the limits of data protection rights in cases where disclosure is acceptable in the interests of justice;
  • Understand whether there is a proprietary right in the contents of an email.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • Council Regulation 207/2009/EC;
  • Copyright Directive (2001/29/EC);
  • Cosmetic, Toiletry and Fragrance Association v Fanni Barns Pty Ltd (2003) 57 IPR 594;
  • Directive 89/104/EEC;
  • Directive 96/9/EC;
  • Fairstar v Adkins [2012] EWHC 2952 (TCC);
  • Football Dataco Ltd & Ors v Sportradar GmbH & Another C173/11;
  • Goldeneye (International) Ltd v Telefonica UK Ltd [2012] EWHC 723 (Ch);
  • Kuntstreetwear Pty Ltd’s Trade Mark Application (2007) 73 IPR 438;
  • Libertel Groep BV v Benelux-Merkenbureau, Case C-104/01;
  • Norwich Pharmacal Co v Customs & Excise Commissioners 1974 AC 133;
  • Reckitt & Colman Products Ltd v Borden Inc [1990] RPC 341;
  • Re POMMIEBASHER [2011] ATMO 45;
  • Rugby Football Union v Consolidated Information Services [2012] UKSC 55;
  • Starbucks (HK) Ltd & Ors v British Sky Broadcasting Group Plc. & Ors [2-12] EWHC 3074 (Ch);
  • The Copyright and Rights in Databases Regulations 1997;
  • Trade Marks Act 1994 .

In this podcast Mark Lubbock and Inbali Iserles discuss some of the recent developments and areas of interest in the field of intellectual property and technology law.

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Date Recorded: 10th January 2013

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