Bird & Bird Electronics Update June 2012
 
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Welcome

In this edition of the Electronics Update, we discuss the memorandum on sound practices in cloud computing, issued by the European Data Protection Authorities and we provide an update on the deadline for implementation of the revised ePrivacy Directive.

We also have a report on the recent CJEU decision in SAS Institute Inc. v World Programming Ltd, as well as reports from the UK and Italy on their respective cases in the ongoing international dispute between Samsung and Apple.

Should you have any comments or require any further information do not hesitate to contact either the editors or, if you prefer, your local office. Contact details are provided at the bottom of the update.

 

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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.


Contact Us

 

Belgium Bruno Vandermeulen bruno.vandermeulen@twobirds.com
China and Hong Kong Matthew Laight matthew.laight@twobirds.com
Alison Wong alison.wong@twobirds.com
Czech Republic Vojtech Chloupek vojtech.chloupek@twobirds.com
Finland Pekka Raatikainen pekka.raatikainen@twobirds.com
France Alexandre Vuchot alexandre.vuchot@twobirds.com
Germany Alexander Duisberg alexander.duisberg@twobirds.com
Oliver Jan Jüngst oliver.jan.juengst@twobirds.com
Hungary Titusz Puskár titusz.puskar@twobirds.com
Italy Massimiliano Mostardini massimiliano.mostardini@twobirds.com
The Netherlands Wouter Pors wouter.pors@twobirds.com
Armand Killan armand.killan@twobirds.com
Poland Maciej Gawronski maciej.gawronski@twobirds.com
Singapore Alban Kang alban.kang@twobirds.com
Spain Javier Fernandez-Samaniego javier.samaniego@twobirds.com
Sweden Johan Tyden johan.tyden@twobirds.com
Jim Runsten jim.runsten@twobirds.com
UK Mark Heaney mark.heaney@twobirds.com
Katharine Stephens katharine.stephens@twobirds.com
Graeme Maguire graeme.maguire@twobirds.com
Editors:
UK Laura Holt laura.holt@twobirds.com  
Lorna Brazell lorna.brazell@twobirds.com  


The content of this update is of general interest and is not intended to apply to specific circumstances. The content should not, therefore, be regarded as constituting legal advice and should not be relied on as such. In relation to any particular problem which they may have, readers are advised to seek specific advice. Further, the law may have changed since first publication and the reader is cautioned accordingly.

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