Technology Update

The Technology Update for the third quarter of 2008, produced by law firm Olswang (where IPKat team member Jeremy can often be found), is now available. You can access it in pdf format here. Among the topics tackled are several of interest to IP readers. They are

* The Editorial: "openness" in technology standards: technology standards have been in and out of the spotlight over the last year or so, often for the wrong reasons and often bearing the brunt of competition law. But in a speech by the EU Competition Commissioner in June, their increasing importance is recognised, with a positive "thumbs-up" to openness.

* The Court of Appeal confirms that new anti-piracy laws criminalise sale of modchips. In its recent ruling in Higgs v R, the Court confirmed that the anti-piracy
provisions introduced into the Copyright, Design and Patents Act 1988 to implement the EU Copyright Directive, criminalise the sale of modchips. In its judgment, the Court provided valuable guidance on what the prosecution must prove in order to secure a conviction for offences concerning the circumvention of copyright protection measures.

* Free software licensing is endorsed - under copyright, and by a patent court. In the US a Court of Appeals has issued what is arguably the most significant decision on open source licensing to date – and followed the guidance of the open source community. It confirms that open source licences are enforceable under copyright law, despite the absence of royalty payments.

* Database rights: a boost for protection? A recent opinion by one of the ECJ's attorneys general could, if followed by the ECJ, put some teeth into the enforcement of the EU database right. The outcome of the case is of interest to all businesses wishing to exploit - or protect - collations of data.

If you would like to receive subsequent issues of this Update automatically, just email Jeremy here and let him know.