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Welcome

In this edition of the Electronics Update we discuss the decision of the English Courts as to the meaning of "making available" when applied to a system distributed across different jurisdictions, and whether Germany is clearing the way for software patents.   We also have a report on the recent SAS Institute copyright case and the guidance sought from the European Union Court of Justice.  We have a couple of recent updates from China in relation to ebook regulation and "mobile phone bill shock".  Finally, we have a report on the Polish position in relation to double taxation of software licence fees.

 

Please use the click-through PDF in this edition if you wish to print the entire bulletin in an "easy to read" format. Links to individual articles are also provided below should you wish to read the bulletin on-line.

 

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.

 


English High Court decides that "making available" over the internet occurs only in jurisdiction where servers are based 
Peter Brownlow and Abby Minns
In a judgment handed down on 17 November 2010, Mr Justice Floyd in Football Dataco Limited, The Scottish Premier League Limited, The Scottish Football League Limited and PA Sport UK Limited  v Sportradar GmbH and Sportradar AG held that the act of making available to the public by online transmission is committed and committed only where the transmission takes place.

 

Electronics news 
Peter Ward
A round-up of the latest electronics news including: EU patent languages; UK Digital Radio Plan; UK protection of personal information; Agreement on financial message data; and OfCom debates bandwidth reservation for London Olympics.


Is Germany clearing the way for software patents?
Christopher Weber

A recent decision by the German Federal Supreme Court (Federal Supreme Court, GRUR 2010, 613 – "Dynamic Generation of Documents") has left many people wondering whether Germany is now clearing the way for software patents. Specifically, the opponents of software patents are criticising the decision as "opening the door to monopolising an extremely important tool of society" and "allowing the patenting of matters of course".


SAS Institute Inc v World Programming Limited [2010] EWHC 1829 (Ch) 
Claire Chapman

The scope of copyright protection given to computer programs is again under scrutiny following the recent referral of nine questions to the CJEU by Mr Justice Arnold in the dispute between SAS Institute Inc. and World Programming Ltd.


China's proposal to regulate ebook industry 
Victor Tse

On 9 October 2010, the General Administration of Press and Publication announced a proposal for regulating the future development and governance of China's electronic-book ("ebook") industry.  The proposal defines an "ebook" as any publication containing digitised text, images, audio, video and other information content, and in particular, pre-installed or downloaded electronic content on storage media or in a portable display device. 

 

OFTA helps minimise "mobile phone bill shock" 
Victor Tse

With the growing popularity of smart phones and other internet-enabled mobile devices, the temptation to access online content has never been greater.  However, for those less technically savvy, inadvertent or unintentional use of mobile data services often leads to an unexpectedly high mobile bill.  This phenomenon, also known as "mobile bill shock", is a growing problem in Hong Kong.


Royalties or business profit: double taxation of software licence fees 
Krzysztof Tusinski and Luisa Zukowski

The problem of international double taxation arose as a result of different methods of taxation used in different countries. Bilateral and multilateral agreements on the avoidance of double taxation have been put into place in an attempt to resolve this problem and model conventions were implemented to standardise such agreements. The OECD Model convention is the most commonly used and various countries have signed conventions on the avoidance of double taxation based on the format provided by the OECD.
 

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Contact us

Belgium Bruno Vandermeulen bruno.vandermeulen@twobirds.com
China and Hong Kong Matthew Laight
Alison Wong
matthew.laight@twobirds.com

alison.wong@twobirds.com

Czech Republic Vojtech Chloupek vojtech.chloupek@twobirds.com
Finland Pekka Raatikainen pekka.raatikainen@twobirds.com
France Anne Quenedey anne.quenedey@twobirds.com
Germany Alexander Duisberg
Oliver Jan Juengst
alexander.duisberg@twobirds.com

oliver.jan.juengst@twobirds.com

Hungary Andrea Simandi andrea.simandi@twobirds.com
Italy Massimiliano Mostardini massimiliano.mostardini@twobirds.com
The Netherlands Wouter Pors
Armand Killan
wouter.pors@twobirds.com

armand.killan@twobirds.com

Poland Maciej Gawronski maciej.gawronski@twobirds.com
Singapore Alban Kang alban.kang@twobirds.com
Slovakia Martin Maxa martin.maxa@twobirds.com
Spain Javier Fernandez-Samaniego javier.samaniego@twobirds.com
Sweden Johan Tyden
Walo von Greyerz
johan.tyden@twobirds.com

walo.vongreyerz@twobirds.com

UK

Katharine Stephens

Mark Heaney
Graeme Maguire
 

katharine.stephens@twobirds.com

mark.heaney@twobirds.com

graeme.maguire@twobirds.com

Editors:
Mark Heaney

Geoff Hussey

mark.heaney@twobirds.com
geoff.hussey@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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