The following TMT practice note provides comprehensive and up to date legal information covering:
This Practice Note examines legal and practical issues relating to the copying of software. It sets out software copyright protections under copyright law to combat unauthorised copying of software and explores the extent to which software can be copied lawfully. It further explores developments planned in the area of copyright protection that are likely to have an impact on the copying of software.
On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU law and remains part of the EU internal market. For further guidance, see Practice Notes: Brexit—IP rights—Copyright and Brexit—introduction to the Withdrawal Agreement.
Computer programs may be eligible for copyright protection as ‘literary works’ under the Copyright, Designs and Patents Act 1988 (CDPA 1988). Other regulations relevant to the protection of rights in software include:
the Copyright (Computer Programs) Regulations 1992, SI 1992/3233—these amended CDPA 1988 regarding copyright protection of computer programs
the Copyright and Rights in Databases Regulations 1997 (Database Regs 1997)—these amended CDPA 1988 regarding copyright and measures relating to the prevention of unauthorised extraction of the contents of a database and unauthorised re-utilisation of those contents
the Electronic Commerce Directive (EC Directive) Regulations 2002, SI 2002/2013—these implemented an EU Directive regarding information society services, in particular electronic commerce
the Copyright and
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Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. The key implications for civil appeals are set
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
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