Podcast Location:
Download it here [file size: 23.7 MB]
Categories:
IT, Technology & Telecoms
Intellectual Property 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 sets out some of the High Court’s most recent decisions including the long-awaited decision in Interflora v Marks & Spencer [2013] concerning the use of Google AdWords and trade mark infringement, the ruling in FAGE v Chobani [2013] – the latest in a relatively rare line of cases involving extended passing-off and the Court’s decision to grant Nokia’s request for stay of its patent litigation with IPCom. It also considers the purpose of the Intellectual Property Bill 2013-14 and sets out the practical implications of the Enterprise and Regulatory Reform Act 2013 for intellectual property law practitioners.

Outcomes:
After completing the course you will:
  • Understand what risks businesses face when they make use of a competitor’s trade mark as an AdWord;
  • Have considered the elements a claimant needs to prove in order to found a passing off action (including the ‘extended’ version of passing off);
  • Know what fair, reasonable and non-discriminatory (FRAND) terms are;
  • Appreciate the uncertainty surrounding the availability of injunctive relief in standard essential patent disputes;
  • Understand the stage of proceedings in IPCom v Nokia patent litigation;
  • Be aware of what changes the Intellectual Property Bill 2013-14 intends to make;
  • Have considered what changes the Enterprise and Regulatory Reform Act 2013 introduced to the field of copyright.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • Enterprise and Regulatory Reform Act 2013;
  • Erven Warnink bv v J Townend & Sons Ltd [1979] AC 731;
  • Fage UK Ltd & Anor v Chobani UK Limited & Anor [2013] EWHC 298 (Ch);
  • Google France (Joined Cases C-236/08 to C-238/08) and BergSpechte (Case C-278/08);
  • Intellectual Property Bill 2013-14;
  • Interflora Inc & Anor v Marks and Spencer Plc & Anor [2013] EWHC 273 (Ch);
  • Nokia OYJ v IPCom GmbH & Co KG and IPCom GmbH & Co KG v HTC Europe Co Ltd and others [2013] EWHC 1178 (Pat), 2 May 2013.

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.

Date Recorded: 18th July 2013

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

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