Related insights: Technology

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Telecoms case update: EE Limited & Hutchison 3G UK Limited v Duncan & Others

19 Oct 2020
The Lands Tribunal for Scotland recently heard legal arguments in nine applications by EE Limited and Hutchison 3G UK Limited (“the operators”) under para 33 of the Electronic Communications Code (Schedule 3A to the Communications Act 2003) (“the Code”). The Tribunal has since issued its decision on the legal issues that were debated at the hearing (EE Limited & Hutchison 3G UK Limited v Duncan & Others). This is the first decision issued by either the Lands Tribunal for Scotland or the Upper Tribunal under paras 33 and 34 of the Code.

Spotlight thrown onto imaging orders – Court of Appeal issues warning shot

08 Oct 2020
With advances in forensic tools, it has become increasingly common for courts to grant imaging orders (in support of search orders) for the quick and comprehensive preservation of electronically stored data on hard drives, laptops, etc. An advantage of imaging orders is that they allow the search process to be far less intrusive and disruptive for the business/premises that are being searched. On the other hand, a disadvantage is that the imaging process does not discriminate between documents that pertain to the issues of the proceedings and are covered by the search orders from documents that are irrelevant and/or privileged.

How open is the open market? 1954 Act Valuation and the new Telecoms Code

25 Aug 2020
Since the Code was introduced in December 2017, professionals involved in the negotiation of new Code rights between landowners and operators have wrestled with how the Code and the 1954 Act interrelate. Their effective mutual exclusivity (confirmed both in the Code itself and in the subsequent decision of Ashloch) is by now well known, but until now there was no answer to this key question. The Deputy Chamber President's resulting judgment is interesting both as an illustration of a standard 1954 Act lease renewal, and in what it says about open market rentals in a new Code world.
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Brexit and .eu domain names

12 Aug 2020
According to the legislative requirements[1], the following individuals and businesses are eligible to register .eu domain names:a n European Union ("EU") citizen, independently of their place of residence, a natural person who is not an EU citizen, but who is resident in an EU member state, an undertaking established in the EU; or an organisation that is established in the EU, without prejudice to the application of national law
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Brexit and exhaustion of rights

10 Aug 2020
Parallel trade is the import (and export) of genuine goods protected by intellectual property ("IP") rights, and occurs where the IP rights are said to have been 'exhausted' – where the goods are put on the relevant market by, or with the consent of, the IP-right owner.
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Brexit and patents

07 Aug 2020
The European patent regime is not an instrument of the European Union ("EU"). The European Patent Convention 2000 and its various protocols are not part of the accumulated body of EU law. The current membership of the European Patent Office numbers 38 countries, which is a far greater number than the current 28 member states of the EU. As a result, the European patent regime, of which the United Kingdom ("UK") is a part, will remain largely unaffected by Brexit. The UK's membership of the Patent Cooperation Treaty will also remain unaffected.