Podcast Location:
Download it here [file size: 26.5 MB]
Categories:
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)
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Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

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

How do you safeguard intellectual property rights in the digital age? This two-part podcast series discusses the challenges that arise in relation to the enforcement of IP rights as a result of the expanding digital environment. Part One examines the recent DEA judicial review finding and the difficulties in this area of the law. It analyses the international approaches to digital enforcement and the structure and purpose of Safe Harbours, the Cloud and Mobile Applications. Part Two then continues to deal with issues in relation to intellectual property claims against Mobile Applications whilst outlining the jurisdictional issues that arise in relation to infringement claims. The podcast concludes with some advice and tips for practitioners dealing with the challenges that this area of the law presents.

Outcomes:
After completing the course you will:
  • Have considered the difficulties that have arisen for intellectual property law as a result of the expanding digital environment;
  • Understand the recent Digital Economy Act judicial review finding;
  • Be aware of the structure and purpose of Safe Harbours;
  • Explore the international approaches to digital enforcement ;
  • Appreciate what coding and de-coding are and the importance of patents in this respect;
  • Understand the function of mobile applications, how they operate, which IP rights subsist with them and the issues that can arise in this context;
  • Be aware of the methods that are available in order to trace infringements;
  • Have considered how Bi-Lateral Investment Treaties protect against infringement;
  • Understand what the Cloud is and how it operates;
  • Understand the special rules for Community Trade Marks (CTMs);
  • Have considered how jurisdiction is determined in IP claims.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • Brussels Regulation (2001/44/EC);
  • Digital Economy Act 2010;
  • Patents Act 1977 (as amended);
  • TM Reg 207/2009 Art 94;
  • Ainsworth v Lucasfilm [2011] UKSC 39;
  • British South Africa Co v Mozambique [1893] AC 602;
  • BSA v Ministerstvo Kultury ECJ [2010] (Case C‑393/09);
  • Coin Controls v Suzo [1999] Ch 33, GAT v LuK (Case c-4/03);
  • FCStone LLC v Buckley et al [2011] (Case No. 4:2011 cv00551);
  • German Federal Supreme Court in GRUR 2005, 431 - Hotel Maritime;
  • Higher Regional Court of Germany – Alphaload decision(January 2009, 5 U 255/07);
  • Menashe Business Mercantile Ltd. & Anor v William Hill Organization Ltd [2003] RPC 21 (28 November 2002);
  • Research in Motion UK Ltd v Motorola Inc. [2010] EWHC 288 (Pat);
  • Roche v Primus (Case C-539.03);
  • SAS Institute Inc. v World Programming Ltd [2010] (Case C 406/10);
  • Sky Capital Group LLC v Rojas et al [2010] (Case No. 1:09-CV-00083-EJL).

In this two-part CPDcast series, Larry Cohen from Latham & Watkins LLP discusses the challenges that arise in relation to the enforcement of intellectual property rights in the digital age.

Date Recorded: 8th October 2012

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