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In the latest in a series of legal challenges around internet keywords and particularly the Google AdWords system, the special adviser to the Court of Justice of the European Union, Advocate General Jaaskinen, has issued his opinion ...

Shoosmiths LLP | February 2011

Website accessibility is a requirement of the Equality Act 201.  The first of a two-part article explaining Equality Act 2010 to websites. In our last article, Website accessibility: Industry standards and best practice, we considered how the Equality Act 2010 would be implemented, and considered what the new BSI Standard for website accessibility might look like ...

Lavery Lawyers | February 2011

Concents : * Technology Licences in the Event of Bankruptcy * New Quebec Business Corporations Regime * The Shareholder Agreement: the "Specifications" of the Private Corporation Shareholder Technology Licences in the Event of Bankruptcy Sive Burns [email protected] The owner of a technology protected by an intellectual property right (copyright or patent) or protected by secret (trade secret) may grant a licence to a licensee ...

Lawson Lundell LLP | February 2011

The Federal government’s legislation to control spam and other ills of the electronic age with the oh-so-catchy title of  An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and

ALTIUS/Tiberghien | February 2011

1. How can the government’s attitude and approach to internet issues best be described? The attitude of the Belgian government can be described as positive and their approach is proactive. In 2003, the Belgian authorities announced the introduction of ‘egovernment’ ...

Shoosmiths LLP | January 2011

In the second of a two-part look at issues arising out of the tender process we consider what can happen when that process is poorly run. Part 1 of the series can be found at IT tendering: Leveraging the benefits. A typical tender process involves the customer analysing and documenting its requirements in a Request for Proposals (RFP) to which interested suppliers will prepare a response ...

Shoosmiths LLP | January 2011

In a recent article we looked at some of the employment risks for customers associated with cloud computing. Following on from Cloud computing: Employment law implications, we now consider how best to assess the other risks associated with cloud computing ...

Shoosmiths LLP | September 2010

IT projects: It’s a team game 28 September 2010 IT projects have a knack of over-running for significant periods, requiring ‘out-of-scope’ changes half way through, and consequently going over budget. Although any project will develop and evolve over time, such problems can be minimised through sensible project management methods. It is not uncommon for IT projects to last several months, if not years, from conception to completion ...

ALTIUS/Tiberghien | September 2010

Getting the Deal Through - e-Commerce 2011 Getting the Deal Through published a fully revised and updated seventh edition of e-Commerce, a volume in GTDT's series of annual reports published by Law Business Research. This  publication provides international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people ...

DORDA | September 2010

Social networks: Hype and its legal consequences published in: WirtschaftsBlatt,Author: Dr. Axel Anderl, LL.m., Mag. Martina Schmid Social networking platforms like Facebook, MySpace or XING are an increasing popularity. It has never been so easy to operate social networking ...

Asters | September 2010

The Ukrainian telecommunications market has enjoyed dynamic growth over the last five years, with an increasing number of telecommunications operators. According to the National Communications Regulation Commission (the NCRC), the Ukrainian telecommunications regulator, the number of licensed telecommunications operators reached almost 1,500 in Ukraine in 2009. The NCRC reports stable development of the industry despite the global economic crisis ...

Haynes and Boone, LLP | June 2010

On June 28, 2010, the United States Supreme Court announced its decision on Bilski v. Kappos regarding what inventions are eligible for patent protection. The decision affirms that business methods are patentable, although the specific business methods at the center of the case are not. While stating that no single test governs the issue, the Court approved of the use of the “machine-or-transformation test” that the Federal Circuit had distilled from earlier Supreme Court cases ...

Just one day after the U.S. Court of Appeals for the Federal Circuit indicated that it would consider the current state of the inequitable conduct doctrine en banc in Therasense, Inc. v. Becton Dickinson and Co., a split panel of the Federal Circuit issued a decision in the case of Avid Identification Systems, Inc. v. Crystal Import Corp. affirming a lower court’s finding of inequitable conduct ...

MinterEllison | March 2010

 2009 Prediction: Further penetration of Software as a Service (SaaS) Australia will see a proliferation of businesses adopting SaaS in 2009.  With no hardware, maintenance or upfront capital costs, SaaS will be seen as ideal for companies looking to control their costs in an uncertain economic environment.  Some analysts predict that the global SaaS industry may be worth as much as A$10.7 billion during 2009 ...

At the end of January, the 468-page judgement of BSkyB v EDS was published, nearly eighteen months after the court hearing closed.  Many, varied and worrying predictions as to the potential impact of this judgement had been made, but ultimately the judgement is unlikely to lead to radical changes in the relationship between IT and other suppliers and their customers ...

Shoosmiths LLP | February 2010

The verdict has finally arrived in the long-running IT dispute between EDS and BSkyB, for which the trial ended over a year ago. With legal fees of around £70m and an anticipated damages award of £200m (against a contract reportedly worth only £48m), the case will change the landscape of supplying IT products and services forever.  EDS supplied a customer relationship management system to BSkyB ...

Haynes and Boone, LLP | February 2010

The U.S. Patent and Trademark Office (USPTO) is modifying the computer program it uses to calculate Patent Term Adjustment (PTA) in light of the recent decision in Wyeth v. Kappos, No. 2009-1120 (Fed. Cir. Jan. 7, 2010). In Wyeth, the U.S. Court of Appeals for the Federal Circuit affirmed that the USPTO has been improperly calculating patent term adjustment under 35 U.S.C. § 154(b). The Federal Circuit’s decision will result in additional patent term for many U.S ...

Haynes and Boone, LLP | February 2010

In what may be a new opportunity for cybersquatters, the Colombian .CO registry will soon allow for registration of domain names ending in simply .CO. Such domain names may be a prime platform for social networking sites and brand owners. As the registry explains, the acronym .CO can be associated with terms that include company, corporation, commerce, communities, content, connect, communication, collaborate, and consumers ...

Shoosmiths LLP | January 2010

A costly mistake by the Ministry of Defence (MoD) has highlighted the importance of careful drafting to ensure access to a software program’s source code. The source code is the line of code in which the software is written, in language intelligible to a suitably trained software developer. Through the use of a compiler, the source code is converted to object code which forms the software program ...

A raft of new legislation outlined in the Queen's Speech has been predictably derided as being unachievable in the limited parliamentary time available before the election.  However, the Government's Digital Economy Bill which was published last week, appears to have a certain amount of cross party support and may therefore make it to the statute book ...

PLMJ | November 2009

September has brought a novelty concerning the access to electronic communications infrastructure: the approval by the Ministry of the Environment of Decree-Law 258/2009, of 25th September ...

Shoosmiths LLP | July 2009

Mobile phone companies Vodafone and Telefónica O2 have agreed to pool their UK network infrastructure They are following the lead of H3G and T-Mobile, who are already one year into their joint consolidation project. The operators aim to share existing sites with the intention of reducing the total rent roll each company pays to landlords ...

Lavery Lawyers | June 2009

As of June 13, 2009, Facebook Inc. allows Facebook users to create personalized usernames for their Facebook pages on a first-come, first-served basis. This new username availability now enables users to have their Facebook page and profile at an Internet address in the following format: “facebook.com/user”. Prior to the implementation of this new policy, each user was randomly assigned a unique identification number (for example: id = 123456789) ...

Shoosmiths LLP | May 2009

In early 2008, 'green computing' and the idea that companies were going to need to implement new measures to improve their green credentials was one of the hot topics in IT. You might have been forgiven for thinking that environmental concern would be among the first casualties of the credit crunch and the resulting recession ...

Shoosmiths LLP | April 2009

Virtually every business has some sort of website or presence on the internet, and it is often an integral part of the business. At the same time, many organisations use bespoke or customised software internally on a day-to-day basis, and undoubtedly attribute significant value to these assets, not least because the development of them probably required a significant investment via a third party developer providing the software ...

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