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Eversheds TMT Quarterly Briefing (Q3 2016)

Posted by: Laurence Simons 26/08/16
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TMT| Quarterly briefing


The right signals


August 2016



Welcome to the August edition of Eversheds’ Technology, Media and Telecoms briefing.

Unsurprisingly, we have a focus on Brexit with an article on ‘The EU referendum and its impact on the UK’s tech industry’. We also have a number of other highly topical articles across technology, media and telecoms sectors including articles on safe harbor and the European Court of Justice ruling on European Union trade marks.

For those who are registered to receive details of our TMT events, we will soon be sending out invites for our TMT annual conference taking place on the 22nd September at our head office in London. Details of how to register are included below.

As ever, we hope you find this briefing useful. If you have any feedback on the briefing or any ideas for events or comments generally, please do contact me at tmt@eversheds.com. 

Charlotte Walker-Osborn 
Partner, Head of Technology, Media and Telecoms Sector
+44 121 232 1220 

Brexit: the EU Referendum and its impact on the UK’s tech industry  

In this article, we consider the result of the EU Referendum held in the UK on 23 June 2016 and some of the impacts on the UK tech industry.

Click here to read the full article

TMT Annual Conference 

We are delighted to invite you to our annual Technology, Media and Telecoms conference on Thursday 22nd September at our offices in London (1 Wood Street, EC2V 7WS).

The event will include presentations and panel discussions from industry experts and lawyers who work within the Technology, Media and Telecoms sectors. The event is designed to provide an update on the latest trends and current and upcoming legal landscape affecting the sectors together with the opportunity for networking throughout the day.
If you would like to receive the formal invitation with further details on timings, topics and how you can register for the event please contact tmt@eversheds.com. The event usually fills up within days of opening so please do register your interest with us if you are keen to attend.

e-Signatures – what’s the big deal? 

In the era of the “digital economy”, companies are increasingly questioning why their contracts and customer/supplier interactions cannot be moved to an entirely paperless model.

In the B2C market, companies including retailers, telcos, and software/app providers have been successful in shifting some (if not all) of their consumer contracting to an on-line model; ticking a box sufficient to confirm a transaction and accept associated T&Cs.

Click here to read the full article

Trade mark troubles in the G-Cloud: Skyscape Cloud Services Limited v Sky Plc

Skyscape Cloud Services Limited, a provider of cloud computing services, is the latest in a series of IT companies which have used brand names incorporating the word “Sky” to allude to the on-line or cloud-based aspects of their services, but have fallen foul of Sky plc and related companies. An unusual feature of the case was that Skyscape argued that the G-cloud services it provides under the SKYSCAPE mark are targeted only at public sector organizations, who would be able to differentiate it from Sky plc’s services. Skyscape’s tactics were also unusual. It attempted to seize the initiative in light of Sky plc’s complaint, by applying to the court for a declaration of non-infringement (“DNI”). However, this tactic backfired.

Click here to read the full article

Has there been a ‘communication to the public’ amounting to copyright infringement?  

The Grand Chamber considered the correct criteria for a ‘communication to the public’ which may have an impact on the pending ruling on hyperlinks.

Click here to read the full article

European Court of Justice says European Union trade mark licences do not need to be registered for licensees to pursue infringers 

The European Court of Justice (“ECJ”) has ruled that a licensee of a European Union trade mark (formerly known as Community trade marks) (“EUTM”) can take enforcement action even if its licence has not been registered, so long as the licensee has the trade mark owner’s consent to assert such rights.

Click here to read the full article

The music industry takes on ‘safe harbor’ 

Nearly 200 artists have signed a letter addressed to the US Congress asking for reform of the Digital Millennium Copyright Act. The artists argue that the law protects tech companies like YouTube and SoundCloud from copyright infringement, allowing them to give away too much of their work for free, and that current business models were not the intended protectorate when the law was signed two decades ago. Similar calls have been made in Europe against the E-Commerce Directive 2000 which offer equivalent ‘safe harbor’ protections.

Click here to read the full article

Ofcom consultation: a zero-tolerance approach to silent and abandoned calls?

In December 2015, Ofcom published a consultation paper reviewing its approach to silent and abandoned calls. Silent and abandoned calls are calls in which a connection is made with an individual call recipient and which are then terminated by the caller, causing the recipient to either hear silence or a recorded message. Ofcom’s consultation revealed that such calls continue to be prevalent. As a result, the consultation concerned the validity of a zero-tolerance policy for silent and abandoned calls. In addition, the consultation discussed a revised approach to Ofcom’s enforcement powers.

Click here to read the full article

Ofcom amends Wireless Telegraphy (Exemption) Regulations 2003 to exempt commercial single user gateways from licencing requirements

On 8 April 2016, Ofcom released a statement amending the Wireless Telegraphy (Exemption) Regulations 2003 (the “Regulations”) in relation to commercial single user gateways (“COSUG”). The amendment implements the Court of Appeal judgment in Recall Support Ltd v Secretary of State for Culture, Media and Sport (the “Recall Case”) and entered into force on 28th April 2016.

Click here to read the full article

REACH – Authorisation – The next challenge?

This article explores the challenges faced with authorisation of chemicals under the REACH Regulation.

Click here to read the full article

Local authority outsourcing - LGPS: New Fair Deal provisions unveiled

The Department for Communities and Local Government (“DCLG”) has recently revealed long-awaited draft provisions which are intended to give effect, within the local government sector, to the principles set out for central government bodies in HM Treasury’s “New Fair Deal” guidance from October 2013. For contractors involved with local authority outsourcing contracts (whether you are providing services under an existing contract or bidding for a contract) this article will be of interest to you.

Click here to read the full article

That contract you never got round to signing? It may be binding anyway…

Any TMT company who has ever done business with a contractor or supplier without having all the terms tied down should be aware of a recent case which looked at how the parties were bound by an unsigned contract, despite an express term to the contrary in a deal memo.

Click here to read the full article

To download the March Spring newsletter in PDF format please click here.

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