In SAS Institute Inc v World Programming Ltd [2010], the High Court had to consider whether the production of software that emulates the functionality of an earlier software program, but without there being any copying of the source code, amounts to copyright infringement. Following its judgment in July 2010, the High Court has referred several questions to the European Court of Justice (ECJ) concerning interpretation of the Software Directive (Council Directive 91/250/EEC) and the Information Society Directive (European Parliament and Council Directive 2001/29/EC). The decision of the ECJ is probably a couple of years away but it will provide much-needed clarity on various key issues relating to so-called ‘software clones’ or ‘drop-in replacement’ programs. Continue reading “High Court refers questions to ECJ in ‘software clone’ case”

The Ministry of Human Resource Development (MHRD), which is aiming to make India the global knowledge hub, has proposed to establish 14 premier educational institutions (innovation universities). What will distinguish these world-class educational institutions from the existing ones, be it the state, central, private or deemed universities, will be the emphasis on research and innovation, the prime driving force behind such institutions. The MHRD has prepared a concept paper on innovation universities, providing a broad overview of the intent of the government behind the establishment of such universities, as well as the nature, structure, role and intended contribution of innovation universities to society.

Continue reading “Innovation universities: fresh direction for India’s education sector”

Over the years, the European approach towards immigration has been somewhat fragmented. Considering the different attitudes and policies at play among member states, it is nothing short of a miracle that the free movement of European nationals within the EU was ever achieved. However, this liberal policy still sits in contrast to the thornier management of the movement of non-EU nationals to and within the EU, which affect companies and individuals alike. Every year, millions of third country nationals come into contact with consular representations of the Schengen states to visit one or more of the 25 countries of the common travel area. Over 10 million visas were issued in 2009.

Continue reading “EU Visa Code handbook”

As explained in earlier briefings, the Bribery Act 2010 (the 2010 Act) introduces the new corporate offence of failing to prevent bribery but provides for a defence if the organisation can show that it has ‘adequate procedures’ in place to prevent bribery.

Continue reading “‘Adequate procedures’ and the Bribery Act”

Substantial cultural, operational and financial changes are taking place among the insurance and reinsurance risk-carriers of the EU. These changes result from preparations for the implementation of the Solvency II Directive (the Directive), currently due to take effect in 2012.

Continue reading “Future of legal risk management: lessons from the insurance industry”

There has been much debate and discussion around the generation of renewable energy required for the UK to hit ambitious emissions targets. The coalition government’s manifesto included commitments to increase the UK’s target for energy from renewable sources and to support an increase in the EU emission reduction target to 30% by 2020. The incentives in place for operators of renewable energy plants, which are covered later in this article, have led to an influx of renewable energy companies looking to capitalise on the opportunities. Development of the incentives regimes and political pressure to plug the energy gap have led to an emerging group of renewable energy technologies. Three such technologies are anaerobic digestion (AD), geothermal technology and solar photovoltaic (solar PV). This article provides an insight into these three technologies, how they are being promoted, and what issues operators face when looking to build and operate renewable energy plants using them.

Continue reading “New school of renewable energy technologies”

The Financial Services and Markets Act 2000 (Liability of Issuers) Regulations 2010 (the 2010 Regulations) apply to information first published on or after 1 October 2010.

Continue reading “Issuer liability for inaccurate statements”

English law generally respects the sanctity of contract and the courts are reluctant to void terms just because they are onerous to one party. An important exception to this is penalty clauses.

Continue reading “Latest on the liquidated damages v penalty debate”

In early January 2010, the media was full of headlines about a landmark verdict and Dubai’s first foreclosure, which was supposed to ‘open the floodgates’ for other similar actions.

The orders for foreclosure were issued by a Dubai enforcement judge in favour of Barclays Bank plc in its case against various borrowers who had taken mortgages on their real estate assets with Barclays.¹ The orders were based on Dubai Law No 14 of 2008 (Law No 14), which relates to mortgages in Dubai. Continue reading “Dubai mortgage law: much ado about nothing”

The Scottish Government is on a mission. That mission is to encourage the (appropriate) use of compulsory purchase powers in Scotland. Its aim is to aid the delivery of economic recovery, social change, efficient and effective regeneration, and, of course, sustainable economic growth. No mean feat then.

Continue reading “Compulsory purchase crusade: mission possible?”

Squatting HAS BEEN A PHENOMENON in the Netherlands since the 1960s. Vacant property is occupied by persons without a valid legal basis. In practice, it has proved difficult for the owner to have squatters removed from the property. This will now change, as the Squatting and Vacancy Act (the Act) came into force on 1 October 2010.

Continue reading “The Squatting and Vacancy Act: good news and bad news”

The recent trend in the media for reporting on greed and corporate failure has led to a hive of activity in media circles for unearthing the next business scandal. With the rise in social media and the growing number of instances in which the media are courting ‘insiders’ with a story to sell or an axe to grind, effective risk management is more important than ever. The in-house lawyer should be particularly aware of the need for reputational management when dealing with disgruntled employees. Smear campaigns and negative media coverage initiated by these individuals can do untold damage to a company’s reputation, business relationships and its financial value. There follows some of the most common areas of risk.

Continue reading “Employer v employee… and the rest of the world via the media”