Technology Update Q3 2009
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Software patents: landmark decisions awaited
These are interesting times for software patents. Two very important decisions are currently awaited, one on each side of the Atlantic, both of which have the potential to set the software patent scene for some time to come. In Europe, the referral to the Enlarged Board of Appeal in the EPO on the patentability of computer implemented inventions is still pending. Meanwhile, in the USA, the decision of In re Bilski has now been referred to the Supreme Court.
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Data Protection: notification fees for large organisations to increase on 1 October
Data protection notification fees for large organisations will jump to £500 on "red tape day", 1 October. The move is designed to increase funding for the Information Commissioner's Office. In the private sector, organisations with 250 or more staff and an annual turnover of more than £25.9 million are affected by the increase.
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Privacy policies: updated guidance from the Information Commissioner
The Information Commissioner's Office has issued practical guidance for businesses on how to draft data collection notices and privacy policies which meet the requirements of the Data Protection Act 1998. Although the underlying law has not changed, businesses should review their privacy notices to ensure compliance with this latest best practice.
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Outsourcing: EAT guidance on meaning of "service provision change" under TUPE
In the recent case of Metropolitan v Churchill the Employment Appeals Tribunal has considered the scope of a "service provision change" for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). The decision represents a common sense approach by the EAT. In practice, the concept of a service provision change is likely to apply to most outsourcing situations, provided there is sufficient similarity between the activities carried out before and after the alleged transfer.
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Statutory references in commercial contracts: a cautionary tale
Terms defined by reference to legislation may not be the most exciting part of a commercial deal - but care is needed when drafting such terms, as much may be at stake. This was the case in the recent High Court decision in Hare v Reynolds where a subcontractor's right to hundreds of thousands of pounds under a "pay when paid" clause turned on a definition of the customer's insolvency by reference to old legislation. The decision highlights the need for careful drafting, to make clear whether such references are intended to catch updated legislation or not. It also provides a helpful recap on the rules of construction which apply in this area.
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Public procurement: OGC Model ICT Services Agreement: version 2.3 published
This summer saw yet another iteration of the Government's approach to ICT procurement with the publication of version 2.3 of the Office of Government Commerce's Model ICT Services Agreement. The key changes relate to financial distress and data security. The revised approach will be of interest to the public sector and suppliers some of whom, via Intellect, have been involved in the revision process.
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Final implementation of Companies Act 2006: changes take effect on 1 October
1 October sees the implementation of the remaining provisions of the Companies Act 2006, affecting both private and public companies. Directors will need to consider how the changes affect their companies and how best to take advantage of some of the deregulatory provisions coming into force.
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Tax: "royalty box" incentive for UK intellectual property
In June 2009 the Government announced a commitment by HM Treasury to investigate the possibility of introducing a "royalty box" tax incentive offering a lower rate of tax on profits derived from intellectual property located in the UK, to encourage the creation and exploitation of intellectual property in the UK. The Government is expected to publish its proposed approach imminently, ahead of the Pre-Budget Report. The creation of such a tax incentive has been embraced by the CBI, who are also due to publish a report on this topic.
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Competition: Intel fined €1.06 billion by European Commission for abuse of dominant position
Symbolising a continued focus on the technology sector, earlier this year Intel was hit with a €1.06 billion fine by the European Commission, following a complaint from rival chip producer, AMD. The Commission found that, by offering rebates to computer manufacturers and retailers who favoured Intel's products over those of AMD, Intel had abused its dominant position in the market for central processing units (CPUs), effectively excluding competitors from the market for x86 CPUs. Intel has appealed the decision.
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New Head of Public Procurement - Melanie Collier
We are pleased to announce the recent arrival of Melanie Collier who joined Olswang in September 2009 as the new Head of the Public Procurement within the Firm's Competition and Regulatory Group. Melanie has considerable experience in Public Procurement law gained from time spent in both the Government Legal Service and private sector law firms, in London and Brussels.
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The information contained in this update is intended as a general review of the subjects featured and detailed specialist advice should always be taken before taking or refraining from taking any action.
