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Showing posts with the label Directive

Trade Secrets - Illiquidx Ltd v Altana Wealth Ltd.

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  Jane Lambert Chancery Division (Mr Justice Rajah)   Illiquidx Ltd v Altana Wealth Ltd and others [2025] EWHC 299 (Ch) (13 Feb 2025) This was a claim for breach of contract and confidence and trade secrets and copyright infringement,    The Parties The claimant was Illiquidx Ltd, ("IX")  a company that describes itself as "an innovative independent financial services boutique specialised in illiquid markets, which caters to institutional, professional and high net worth investors."  Its activities focus on sales, trading and advice,  One of the markets in which it claims expertise is the sovereign debt of Venezuela , a country that has laboured under international sanctions for many years and has recently defaulted on its debt. The first and second defendants are Altana Wealth Ltd ("Altana") and Lee Robinson ("Mr Robinson") Altana's founder, controlling shareholder and chief investment officer. According to its website, Altana seeks uni...

Use of Confidential Information Referred to in Court - JC Bamford Excavators Ltd v Manitou UK Ltd

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Author ERab123   Licence CC BY-SA 4.0   Source Wikimedia Commons   Jane Lambert Court of Appeal (Sir Andrew McFarlane P, Lord Justice Arnold and Lady Justice Elisabeth Laing) JC Bamford Excavators Ltd v Manitou UK Ltd and another [2023] EWCA Civ 840 (17 July 2023) This is an important case on the law of confidence and trade secrets as well as Patent Court Practice.  In   JC Bamford Excavators Ltd v Manitou UK Ltd and another  [2022] EWHC 1724 (Pat) (4 July 2022) which I discussed in  Patents - J C Bamford Excavators Ltd v Manitou UK Ltd   on 7 March 2023 the defendants, Manitou UK Ltd. and Manitou BF SA ("Manitour"), disclosed information relating to the configuration of the control system of their telehandlers  to a group of nominated lawyers and experts from both parties known as "a confidentiality club ". The reason Manitou limited their disclosure to that group was explained by their solicitor: "Manitou should be entitled to prot...

Copyright: Reversion and Contract Adjustment Rights

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Standard YouTube Licence Jane Lambert Had the United Kingdom remained a member of the European Union, it would have been obliged to transpose into the laws of England and Wales, Scotland and Northern Ireland arts 20 and 22 of  Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Text with EEA relevance.)  OJ L 130, 17.5.2019, p. 92–125 ("the Digital Single Market Directive") by 7 June 2021, Art 20 provided a contract adjustment mechanism and art 22 a right of revocation. The justification for a contract adjustment mechanism is set out in para (78) of the Directive's recitals: "Certain contracts for the exploitation of rights harmonised at Union level are of long duration, offering few opportunities for authors and performers to renegotiate them with their contractual counterparts or their successors in title in the event that...

Another Data Protection Act! "You're joking! Not another one!" - A Short History of Data Protection Legislation in the UK

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Standard YouTube Licence Jane Lambert The reaction of Brenda from Bristol to Mrs May's announcement of a snap election earlier this year made her an internet star.   There was a similar reaction to the government's introduction of a new Data Protection Bill last week and one can understand why.  Three statutes, one Council regulation and a directive in a little over 30 years for the processing of personal data is quite a lot of legislation - especially for an activity that the United States leaves largely unregulated. The Younger Report  Towards the end of the 1960s and the beginning of the 1970s, concern was expressed in a number of countries about the power of computers to gather, collate and disseminate personal information. In the UK, such concerns were referred to a committee chaired by Sir Kenneth Younger  that had been appointed to consider privacy.  In its report - the Younger Committee Report on Privacy 1972 (Cmnd 5012) - the committee found no...

Database Rights and Copyright: Technomed v Bluecrest Health Screening

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Jane Lambert High Court, Chancery Division,  Technomed Ltd and Another v Bluecrest Health Screening Ltd and Another    [2017] EWHC 2142 (Ch) (24 Aug 2017)  Coram David Stone  sitting as a judge of the High Court This was an action for infringement of database right and copyright in an electrocardiogram ("ECG") analysis and reporting system known as ECG Cloud. The System The claimants, Technomed Ltd. and Technomed Telemedicine Ltd. , had developed the system. The companies supply ECG equipment and use the ECG Cloud to analyse ECG readings and report the results to doctors or health screening companies such as the first defendant Bluecrest Health Screening Ltd . ( "Bluecrest" ). Mr Stone, who tried the action, described the operation of the system as follows at para [26] of his judgment: "the process of using ECG Cloud starts with a mobile ECG machine which takes a reading from a patient. The patient data are then...