TMT eBulletin January

TMT eBulletin

In this issue:

•	DMH Stallard to launch key study into data security implications on UK businesses
•	DMH Stallard "Stands Out From Other Law Firms in the South"
•	DMH Stallard and Cloud Industry Forum workshop speakers announced for Cloud Expo Europe 2012
•	Patent Box - reduced tax on patent profits
•	The ECJ ruling on the Football Association Premier League cases
•	Wikipedia blackout - shedding light on proposed US anti - piracy moves?
•	Big News for Internet Service Providers

In this ebulletin, we look back over 2011 and we look forward to what 2012 will bring.

Some of our highlights in this sector in 2011 includes including high profile projects for BSKYB (in relation to anti-piracy matters and, in particular, in High Court proceedings against TVCatchUP), Pyroban Group Limited (in relation to vendor due diligence as part of the sale agreement for one of this year's biggest deals in the South East), PRS on debt recovery matters and Rock Choir Limited (who we have advised in relation to numerous media matters including a recoding agreement between Rock Choir limited and Universal Records). This led to personal highlights of the year for Nick Kounoupias and John Yates who advised on Rock Choir's first major TV series "The Choir That Rocks" broadcast on ITV during summer 2011.

We advised a case against JK Rowling and Bloomsbury Publishing brought by the trustee of the estate of Adrian Jacobs deceased that copyright in Willy the Wizard has allegedly been infringed by ‘Harry Potter and the Goblet of Fire’. The case continues to receive attention from the press and was recently included in The Lawyer’s Top Cases of 2011.

DMH Stallard is delighted to report that it has once again been recognised as one of the leading law firms across all its key practice areas following the publication of the latest edition of the independent legal research directories, Legal 500 2011 and Chambers and Partners 2012. Both focused on the firm’s TMT Group, both within the IT, IP and Media and Entertainment rankings, describing the team as a “key player” across the South. “Commercially aware and very responsive”, the team is described as delivering “succinct advice.”

In this issue we announce the launch of our key study into data security implications on UK businesses. This is likely to become the focus for all organisations as they expand their online presence in 2012. The report will be based on interviews with directors of major UK manufacturing and technology businesses operating globally and will detail how best to deal with data storage, processes, people and the supply chain. We are keen to gather opinion from more organisations across the business community. If you would like to be involved in the research then please let me know by emailing me.

On a related note, I am presenting at Cloud Expo Europe 2012 tomorrow on "Best practice in cloud contracts - how to stand out from the crowd" and "Negotiating Cloud Contracts" with the Cloud Industry Forum. Our team has also been at ACID Accredited Exhibition Interiors Birmingham - the UK’s largest event within its industry.

In this feature, we also focus on Government legislation which would give companies the option of the “Patent Box” which would mean profits from qualifying patents would be taxed at 10% instead of the current rates of 20-27.5%. We also include a case write up for the high profile ECJ ruling on the Football Association Premier League cases, and the High Court injunction against an Internet Service Provider. We also consider whether the Wikipedia blackout on 18 January shed light on the proposed US anti piracy moves.

Don’t forget that that we update TomiLaw, our blog which focuses on Technology, Online, Media and IP on a regular basis and have followed some key issues in this sector. Follow the stories as they develop at tomilaw.com.

I hope you find this ebulletin interesting. As ever, we would be happy to cover issues of interest to you in future editions and we always welcome feedback.

Kind regards

Frank Jennings
Partner
frank.jennings@dmhstallard.com

Find out more about our TMT Group

DMH Stallard to launch key study into data security implications on UK businesses

With increasing amounts of digital information and large data sets being stored online, it should come as no surprise that 2012 can expect to see a greater number of data breaches and sophisticated threats than ever before. DMH Stallard is pleased to announce that it is conducting a new report into this topic as data security becomes the main focus for all organisations as they expand their online presence in 2012. The report will be based on interviews with directors of major UK manufacturing and technology businesses operating globally and will detail how best to deal with data storage, processes, people and the supply chain.

DMH Stallard "Stands Out From Other Law Firms in the South"

DMH Stallard and Cloud Industry Forum workshop speakers announced for Cloud Expo Europe 2012

Frank Jennings, Head of Commercial at DMH Stallard, will be presenting at Cloud Expo Europe 2012 on "Best practice in cloud contracts - how to stand out from the crowd" on 26 January 2012 at National Hall Olympia in the Security and Governance theatre from 14.20 -14.45.

Patent Box - reduced tax on patent profits

What better way to encourage growth in UK innovation and products than reducing the level of tax payable on patents? And, this is exactly what the government is proposing to start in 2013. Following a consultation last year, the government has drafted legislation (and guidance) to reduce the corporation tax for qualifying patents to only 10% from the existing rates of 20-27.5%. The wide scope of the legislation means that all companies that receive royalties for patents and sell or use products or processes protected by patent for new and existing IP could benefit.

The ECJ ruling on the Football Association Premier League cases

The Football Association Premier League (the “FAPL”) grants exclusive licences to broadcasters across Europe to broadcast Premier League football matches within their respective areas or “territory”, generally the country in question. The FAPL requires broadcasters to encrypt their transmissions of matches and subscribers are supplied with decoder cards to allow them to watch the matches, which are not to be sold or re-sold to subscribers in other territories.Proceedings were issued against Karen Murphy, the landlady of a pub in Portsmouth, by the FAPL for using a Greek decoder card to show matches broadcast by the Greek broadcaster to her pub customers, circumventing the higher charges of the UK broadcaster. The FAPL also challenged the legality of the import and resale of foreign decoder cards. Several questions were referred to the ECJ.

Wikipedia blackout - shedding light on proposed US anti - piracy moves?

A well publicised Wikipedia blackout took place on 18 January 2012: a protest, joined by others with a prominent internet presence, such as Google, against the proposed U.S. IP protection legislation “SOPA” (the Stop Online Piracy Act) and “PIPA” (the Protect IP Act, or, more accurately, the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act). Although the protest did little to raise the understanding of the content of the Acts or educate people as to the pros and cons of this combined legislation, the blackout has, undoubtedly, alerted industries to the existence of these bills.

Big News for Internet Service Providers

On 28 July 2011 in the case of Twentieth Century Fox Film Corporation and Anor v British Telecom [2011] EWHC 1981 (CH), and for the first time in UK history, the High Court granted an injunction against an Internet Service Provider (ISP). BT was ordered by the High Court to block access to an unlawful file sharing site called www.newzbin.com. The action could not be brought against the offenders as they were, now, based outside of the UK Court’s jurisdiction.