After a long debate, on 16 September 2011, the Polish Parliament adopted
substantial amendments to the Polish Civil Procedure Code of 17 October 1964
(the "KPC"). The changes come into force on 3 May 2012.
Netherlands: 'Fair Play', a new rule for standard-essential patents?
Armand Killan and Maurits Westerik
The Netherlands is one of the primary logistic 'gateways to Europe' and has a
large amount of cargo traffic, both in bulk goods, consumer goods and high-end
electronics. As a result, the country offers several interesting strategic
options for asserting intellectual property rights. Active and experienced Dutch
Customs provide strong border detention programs, while preliminary injunctions
and accelerated patent proceedings allow for fast-paced patent litigation.
Additionally, the Netherlands offers the option of pre-judgment seizures,
whereby the infringing goods are seized at the place where infringing goods are
located or held in detention. This is a specifically Dutch legal instrument that
can 'lock down' distribution stock located in the Netherlands, even if it has
already passed through Customs.
Commission approves Microsoft/Skype
Geoffroy van de Walle de Ghelcke and Laura Holt
On 7 October 2011, the
European Commission unconditionally cleared Microsoft's acquisition of Skype.
The published decision is interesting as it seems to mark a departure from key
theories which the Commission relied upon in its earlier antitrust cases against
Koninklijke Philips Electronics NV and Nokia Corporation CJEU Judgment
Manon Rieger-Jansen and Matthijs Marell
On 1 December 2011, the Court
of Justice of the European Union (CJEU) delivered an important judgment on the
Anti-Piracy Regulation (APR) and goods in transit. The CJEU outlined the
circumstances in which goods sent from a non-EU Member State that infringe
intellectual property rights in the EU may be detained by the customs
authorities of Member States. The CJEU also provided guidance as to when these
goods actually infringe intellectual property rights in the EU, whether in
transit or in a customs authority warehouse. The CJEU also elaborated on the
possible grounds to act against 'counterfeit' goods other than the APR.
Copyright protection for computer programs
In a reference to the Court of Justice of the EU
("CJEU") from the UK High Court, AG Bot in SAS Institute Inc. v World
Programming Ltd (Case C-406/10) has delivered his opinion on the scope of
protection for computer software, viewing that the functionality of a computer
program and the programming language are not eligible as such for copyright
Amendments to Radio Spectrum Harmonisation Conditions For Use By Short-Range
BEREC Report And Guidelines For Net Neutrality
OFCOM - Auction of 4G Radio Spectrum
First Annual Progress Report on the European Commission's Digital Agenda for
The European Commission Launches A Public Consultation On Its Draft Guide To
Good Practice In Public Procurement Of ICT