Podcast Location:
Download it here [file size: 54.6 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 CPDcast sets out a number of recent developments and their significance for IP rights holders. It looks at a range of recent developments including the expansion of the top level domain name system, how pop-star Robyn Rihanna Fenty (Rihanna) succeeded in a passing off claim against UK high street retailer – Topshop, recent guidance provided by the CJEU on what constitutes use of a Community trade mark (CTM) with respect to combinations of marks and colours and at clarification provided by the CJEU as to the nature of ‘consent’ to use a registered trade mark under Article 5(1) of the First Trade Mark Directive. It also explains the Court of Appeal’s decision in relation to confidentiality clauses and some changes in data protection law relating to data security breaches.

Outcomes:
After completing the course you will:
  • Understand what developments there have been from the expansion of the top-level domain name system;
  • Be aware of what sorts of formal objections were filed to new generic top-level domain applications;
  • Have considered whether or not there is still room for dispute where formal objections have been resolved in relation to generic top-level domains;
  • Understand how pop-star Rihanna succeeded in a passing off claim against UK high street retailer Topshop;
  • Have considered the CJEU’s guidance in relation to what constitutes use of a Community trade mark with respect to combinations of marks and colours;
  • Know what rights are conferred by a Community trade mark;
  • Have considered the CJEU’s clarification in relation to the nature of ‘consent’ to use a registered trade mark under Article 5(1) of the First Trade Marks Directive;
  • Understand the implications of the Court of Appeal’s recent decision relating to the construction of confidentiality clauses.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • CTM Regulation (207/2009/EC);
  • e-Privacy Directive (2008/58/EC);
  • First Trade Marks Directive (89/104/EEC);
  • Force India Formula One Team Ltd v Aerolab SRL and Anor [2013] EWCA Civ 780;
  • Libertel Group BV v Benelux und Markenamt, Case C-104/01;
  • Martin y Paz Diffusion SA v David Depuydt andFabirek van Maronquinerie Gauquie SA – Case C-661/11;
  • Robyn Rihanna Fenty v Arcadia Group Brands Litd (T/A Topshop) [2013] EWHC 2310 (Ch);
  • Specsavers v Asda – Case C-252/12.
Tags:

In this CPDcast update, Inbali Iserles and Mark Lubbock from Ashurst discuss some of the latest developments in the field of intellectual property and data law.

Date Recorded: 7th November 2013

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