European data protection authorities issue memorandum on sound practices in
cloud computing
Krzysztof Korwin-Kossakowski and Emilia Stępień
At the end of April, during their meeting in Poland, the Berlin Group adopted
recommendations and guidelines for entrepreneurs and public authorities on use
of cloud computing service
Cookies: An update on implementation of the ePrivacy Directive
Laura Acreman and Lorna Brazell
The deadline for implementation
of the revised ePrivacy Directive expired in May 2011, and in the March 2011
edition of this newsletter we provided a table setting out the various Member
States' progress at that time towards implementing. As the anniversary of the
deadline approaches, in April 2012 we again surveyed the Member States'
progress. At this stage, almost all countries have implemented the revisions –
but a number of important jurisdictions are still working out the details. The
table below shows the state of affairs for those countries which have not yet
implemented.
SAS Institute Inc. v World Programming Ltd (CJEU (Grand Chamber); C-406/10;
02.05.12)
Emily Mallam and Anna Stanley
The CJEU has handed down a
preliminary ruling on the interpretation of Directive 91/250 and 2001/29,
holding that legal protection of computer programmes conferred by copyright does
not extend to the protection of their functionalities, programming language or
the data files used therein.
Apple v Samsung: the Galaxy wars roll on in Europe
The English proceedings - Samsung's application for a declaration of
non-infringement
Laura Holt
In the UK proceedings were
started on 8th September 2011 with Samsung UK Ltd ("Samsung UK") and its Korean
parent, Samsung Electronics Co. Ltd. ("SEC") seeking declarations of
non-infringement and an injunction restraining Apple from making threats to sue
for infringement of the Design. Apple later counterclaimed for infringement of
the Design.
The Italian proceedings – Essential patents and injunctive relief
Edoardo Barbera and Giovanni Galimberti
The case at issue is part of the
worldwide IP litigation involving Samsung and Apple.
The legal scenario is
well-known: the applicant (Samsung in this case) claimed to be the owner of
several essential patents declared to ETSI, so having undertaken to license them
on FRAND conditions.
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