Related insights: Copyright and Database Rights

WBD_Services_IP_Tech

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.
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Preservation is priority – a lesson in the execution of 'search' orders

13 May 2020
The High Court has reiterated that the primary aim of search orders is to preserve evidence, not to serve as some form of early disclosure. The High Court also chose to remind parties (and their representatives) that exceeding the permission given to them by these search orders, carries with it the risk of substantial penalties and severe consequences. In a recent case, it was held that the Claimant and its legal representatives, who pre-emptively searched seized material, without the Defendants' or the Court's permission, committed "serious and completely unjustified" breaches of the terms of the search order.
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Brexit and... copyright - an update

07 Aug 2019
With the United Kingdom ("UK") due to leave the European Union ("EU") on 31 October 2019, draft statutory instruments are beginning to emerge which provide a more concrete insight into the intellectual property landscape post-Brexit.
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The "I" in BIM

27 Nov 2018
Data is big business. An article from May 2017 in The Economist described the dependency of the global economy on data flows. Whether these are being used to develop A.I., improve manufacture, enhance medical research, reveal individual consumer preferences or are applied, as they are, in every other walk of life, they "…have created new infrastructure, new businesses, new monopolies, new politics and—crucially—new economics…" . Increasingly questions arise as to who owns the databases that hold the data and who can use it.
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Brexit and… database rights

12 Nov 2018
Following publication of the 'agreed' text of the draft Withdrawal Agreement (the "Draft Text") between the United Kingdom ("UK") and the remainder of the European Union ("EU") on 19 March 2018, our intellectual property ("IP") team has produced a suite of briefings on key aspects of the likely implications of Brexit for IP rights and systems across the EU, to inform our clients what changes they will need to consider making to their existing IP strategies and protocols to continue dealing in post-Brexit UK and Europe. The topic of this note is how Brexit will impact database rights. 
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Brexit and… copyright

05 Nov 2018
Following publication of the 'agreed' text of the draft Withdrawal Agreement (the "Draft Text") between the United Kingdom ("UK") and the remainder of the European Union (the "EU") on 19 March 2018, our intellectual property ("IP") team has produced a suite of briefings on key aspects of the likely implications of Brexit for IP rights and systems across the EU, to inform our clients what changes they will need to consider making to their existing IP strategies and protocols to continue dealing in post-Brexit UK and Europe. The topic of this note is how Brexit will impact copyright.