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Shoosmiths LLP | May 2013

On 2 April 2013, data protection authorities across the EU - including the Information Commissioner's Office (ICO) - announced that they are now investigating whether Google's privacy policy complies with national data protection laws.The investigation was prompted by allegations that Google failed to implement recommendations issued to it by the EU Working Party in October 2012 ...

PLMJ | May 2013

It is known that the effects of better infrastructures on a country’s economy are enormous and this fact has been widely recognised in the ambitious Strategic Development Plan laid down by the Government of East Timor, which highlights that the “policy framework to 2020 will ensure that Timor has quality national infrastructures in place by the end of this decade ...

The hacker group Anonymous announced that it, in concert with Middle East- and North Africa-based criminal hackers and cyber actors, will conduct a coordinated online attack labeled “OpUSA” against banking and government websites today, May 7. Anonymous stated that OpUSA will be a distributed denial of service (DDoS) in which websites may be defaced and legitimate users may be unable to access websites ...

Shoosmiths LLP | May 2013

The first industrial revolution, which began in the 1750s, lasted for between 80 to 100 years. The pace of technological change today encourages us to believe that the second industrial revolution (IR2) will be completed at much greater speed. So if we take the mid-1980s as a starting point, with the emergence of optical disk technologies into consumer markets, you would expect us to be well on the way to completion, 30 years into IR2 ...

Shoosmiths LLP | May 2013

A survey by the Information Commissioner's Office (ICO) has revealed that 47% of all UK adults now use their personal smart phone, laptop or tablet computer for work purposes - known as 'bring your own device' (BYOD).However, fewer than three in 10 users had received guidance on how to use their devices for work. This raises concerns that users may not understand how to protect the personal information accessed and stored on these devices ...

The Federal Circuit released the results of its en banc hearing of a case involving the issue of what is patent eligible subject matter under section 101 of the Patent Act. (CLS Bank International v. Alice Corporation Pty. Ltd., F. 3d., Case No. 2011 1301 (May 9, 2013) ...

The Supreme Court’s recent decision has seeded another patent protection feather in Monsanto’s increasingly large cap, in addition to providing guidance on application of the patent exhaustion doctrine in the case of self-replicating technology. In Bowman v ...

Garrigues | May 2013

Although we observed a increasingly widespread use of computer-based solutions in the cloud ( cloud computing ) in the information systems of companies and administrations, sometimes the obvious advantages it brings to the customer do not pay the necessary attention to the assessment of corporate risks that can generate its adoption ...

Morgan & Morgan | May 2013

As Panama became part of a number of industrial property related treaties, our internal laws have become more territorial; the use of a trademark is territorial again and registration becomes imperative for protection. Use as a Basis for Protection In Panama, as happens in most of the countries around the world, the right to register a trademark is acquired by its first use in commerce ...

Haynes and Boone, LLP | June 2013

You’ve seen all the articles about the Supreme Court’s decision in Assoc. for Molecular Pathology v. Myriad Genetics Inc. and the end of DNA patents, but what does this mean outside the biotech world? It means more insight into patent eligibility under 35 U.S.C. § 101. While Myriad does not affect business method and software patents, it is indicative of the general trend of the Supreme Court with respect to the threshold required to obtain a valid patent ...

ENSafrica | June 2013

It’s been well reported that the singer Rihanna has sued the UK retail chain Topshop for US$5 million in damages for the unauthorised use of her image on a t-shirt. Rihanna is apparently suing  for passing-off, the argument being that people seeing the t-shirt are likely to assume that she has endorsed the brand.  This may have got you wondering what the law is in South Africa on the issue of unauthorised endorsement ...

ENSafrica | June 2013

Domain names and trade marks are inextricably linked. The reason for this is simple – when a company needs to decide on a name at which it wants people to find it on the Internet, it generally opts for one of its own trade marks. As a result, the issues that crop up in trade mark disputes often crop up in domain name disputes too ...

ENSafrica | June 2013

The KZN High Court handed down a really interesting judgment in May 2013 in the case of Distell v KZN Wines & Spirits.  The decision’s  interesting  because  it not only looks at the issues that need to be considered in a trade mark infringement claim, but it also highlights the differences between trade mark infringement and  passing off ...

ENSafrica | June 2013

The Indian Patent Office has proposed a very substantial increase in fees across the board for patent matters. The proposal is for a 100% increase in official fees and it seems likely that this will be implemented before the end of July 2013 ...

In February 2013 the Supreme Court of Virginia handed down its decision in Jack Bays1, a mechanic’s lien lawsuit involving the landowner, several lenders, the general contractor and no fewer than eleven subcontractors. Although the decision broke no new ground with respect to the Virginia mechanic’s lien statutes, it is a good review of procedural issues and a reminder of the importance of thoroughly documenting work progress and communications with other parties in a construction project ...

Three months ago, the general contractor (GC) showed up driving a brand new, fire-engine-red, extended cab, turbo-charged 425-horsepower diesel dually that set him back sixty-five grand. The final invoice for your foundation work should have been paid that day—it’s still unpaid. Payday is tomorrow, your cash is low, your stomach aches, and the material supplier is calling twice a day now. A month later, the job is deserted, and the GC’s phone is disconnected ...

West Virginia has seven "mechanic's and materialman’s lien" statutes to protect the interests of those performing or supplying construction-related work in the state.1 Although these statutes are interpreted by the courts to be inclusive in their application to protect a wide range of those performing services or supplying materials, they specifically provide protection to the following persons, firms or corporations:Contractor (W. Va. Code 38-2-1)Subcontractor (W. Va ...

Imagine you are a materialman, selling indoor carpet to the contractors. You are approached by a West Virginia developer that wants you to supply carpet and flooring for several houses in a new development. The contract represents $50,000 in new business for your company – and you hope it marks the establishment of a productive relationship with the developer. Over the course of several months, you supply the developer with carpeting and flooring, which are installed in the new construction ...

What is a Mechanic’s Lien? In South Carolina, construction liens, called mechanic’s liens, are automatically created by statute to protect anyone “to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the erection, alteration, or repair of a building or structure upon real estate or the boring and equipping of wells.” S.C. Code Ann. § 29-5-10 ...

A version of this article was originally published in April 2013 and has now been updated. Effective April 1, 2013, project owners in North Carolina are now required to designate a Mechanic’s Lien Agent (MLA) for the vast majority of construction projects, and contractors or other potential lien claimants must now identify themselves through written notice to the MLA if they want to ensure their lien priority against lenders or purchasers ...

SyCip Salazar Hernandez & Gatmaitan contributed to the Philippines section of Asia Pacific Property Investment Guide, a publication produced by Ashurst - Singapore and Jones Lang LaSalle ...

Lavery Lawyers | July 2013

CONTENT  What Happens when an Option to Terminate is not Exercised in Accordance with its Terms?The Landlord's Obligation to Provide Peaceful Enjoyment  WHAT HAPPENS WHEN AN OPTION TO TERMINATE IS NOT EXERCISED IN ACCORDANCE WITH ITS TERMS? Chantal Joubert An option for the renewal or termination of a lease generally provides for the mechanism that is necessary to exercise the option ...

Lavery Lawyers | July 2013

What Happens when an optio to terminate is not exercised in acccordance with its termns? An option for the renewal or termination of a lease generally provides for the mechanism that is necessary to exercise the option ...

ICANN is expected to announce the first set of successful applications and list of new generic top level domains later this summer. Before the new generic top level domains can be delegated, the applications need to go through an initial evaluation phase and any objections against those applications need to be addressed. Infact, the first decisions on legal rights objections to applications for new generic top level domains were only recently published by WIPO ...

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