Podcast Location:
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IT, Technology & Telecoms
Intellectual Property Law
CPD Points:
Up to 1 point. details »

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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)

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

This podcast is aimed at practitioners with an interest in intellectual property and technology matters. It discusses a range of legal and regulatory developments affecting practitioners at the end of 2011 including copyright infringement using ad and keywords, the roll out of the .xxx domain name suffix and how business can protect their brands, the future of file sharing technology, the data protection implications of Google’s Street View service and the use of injunctions in copyright and trademark infringement cases.

After completing the course you will:
  • Understand the recent guidance from the ECJ on the use of keywords that may infringe a registered trademark and how that sits with existing trade mark judgment;
  • Understand the difference between advertisers which are genuine competitors of a trademark holder and those that are mere imitators and the significance of each;
  • Understand the rights that are conferred on a trade mark by the Trade Marks Directive;
  • Understand what the ECJ had to say about the function of a trade mark and how injury could be caused to that function by infringement;
  • Understand the importance of the L’Oreal v eBay decision to brand owners;
  • Be aware of the branding issues following the rollout of the .xxx domain name suffix and how brand owners can seek to protect themselves from being associated with the online ‘red light district’;
  • Be aware of the potential dangers of a brand becoming too generic to qualify for IP protection following the Blu-Ray decision in Australia;
  • Be aware of the recent case – the first of its kind – compelling BT to block access to online file sharing software under the CDA and what this means for ISPs in future;
  • Understand the fallout from the recent ICO findings regarding Google’s compliance with UK data protection law.
Specialist Difficulty: 5 of 5
Case Update
Legislative Updates
Market Update / Hot Topic
Sources and References:
  • Interflora and Others (Intellectual property) [2011] EUECJ C-323/09;
  • Google France & Google (Intellectual property) [2010] EUECJ C-238/08;
  • L'Oreal and Others (Intellectual property) [2011] EUECJ C-324/09;
  • Twentieth Century Fox Film Corporation & Anor v Newzbin Ltd [2010] EWHC 608 (Ch);
  • Twentieth Century Fox Film Corp & Ors v British Telecommunications Plc [2011] EWHC 1981 (Ch).

In this podcast Mark Lubbock and Inbali Iserles discuss some of the recent changes affecting practitioners with an IP or technology exposure to their practice in late 2011.

Podcast added: 19/10/11

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