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Rotondo E.,Kemp Little LLP
Computer Law and Security Review | Year: 2012

This paper comments on UK government's Open Standards Consultation which opened on 7 February 2012. It questions the UK government's mandating of open standards defined as standards which include patents licensed on a royalty free basis. The paper suggests that instead of promoting a level playing field, the government's policy will actually restrict competition and hinder interoperability. This policy is contrary to EU policy in a number of different fields which have all accepted, despite significant in-depth debate on this issue, that the best way to ensure the most effective competition, innovation and interoperability is to allow both royalty free patents and royalty bearing patents to compete provided the latter are licensed on FRAND terms. Lastly the paper suggests that the public procurement rules are not the place to apply industrial policy, instead a full market analysis should be conducted involving other government departments such as BIS and the IPO. © 2012 Eliza Mik. Published by Elsevier Ltd. All rights reserved. Source


Kemp R.,Kemp Little LLP
Computer Law and Security Review | Year: 2013

Sitting at the heart of m-commerce and at the intersection of the value chains of the payments, mobile, retail and technology industries, mobile payments are set to grow rapidly in the short and medium terms. M-payments are giving rise to the development of a new ecosystem of market participants including card schemes, MNOs, retailers, device suppliers, service providers and trusted service managers. Key regulatory considerations arising include e-money and payment services, mobile services regulation, consumer protection, data privacy and standards. The contractual landscape linking the various parties inhabiting the ecosystem is also rapidly developing, with key issues around revenue models, customer ownership, technology development, and risk and liability. Parties involved in mobile payments will need to carefully assess their and others' roles and regulatory aspects in determining their strategy and how to approach contractual discussions. © 2013 Ioanna Magklasi. Published by Elsevier Ltd. All rights reserved. Source


Rotondo E.,Kemp Little LLP
Computer Law and Security Review | Year: 2013

The EU institutions are increasingly addressing harmonisation by means of regulation rather than the traditional use of directives. This is particularly impacting areas such as data protection, financial services regulation and European standardisation in Information and Communications Technology. More broadly, using directly applicable regulations which may have horizontal and vertical direct effect rather than directives has important administrative and constitutional implications for their application in national law and impacts on Member States' discretion to implement supplementary legislation which falls within the remit of the regulation in question. This is of particular concern where governments implement policies which might be in contravention of these rules. This may be the case in relation to the UK government's public procurement policy which mandates royalty free standards rather than royalty bearing standards with the option for the licence holder to licence royalty free. © 2013 Kemp Little LLP. Published by Elsevier Ltd. All rights reserved. Source


Rotondo E.,Kemp Little LLP
Computer Law and Security Review | Year: 2013

CLSR welcomes occasional comment pieces on issues of current importance in the law and technology field. On 11 September 2012, the European Parliament adopted the final text of the proposed European Standardisation Regulation ("the SR"). This note explores the key provisions and considers the implications. © 2013 Bristows. Published by Elsevier Ltd. All rights reserved. Source


Kemp R.,Kemp Little LLP | Hinton P.,Kemp Little LLP | Garland P.,Kemp Little LLP
Computer Law and Security Review | Year: 2011

It is now apposite to speak of the data centric world. Businesses are paying ever more attention to their own, and others data, as a way of adding value to the organisation and conferring competitive advantage. This in turn is focusing attention on legal rights in data across many business sectors, where were starting to see more disputes. Data is funny stuff in and of itself - effectively inert in legal terms. It is more precise to speak of legal rights in relation to data. Those rights are IP rights - copyright, database right, confidentiality, patents and trade marks - and contract rights. Each IP right has its own rules, and applying those rules to data leads to a complex, multi-layered analysis where the law is unsettled and uncertain. This means that data is an area where contract is very often king, so most businesses regulate access to data by means of a series of agreements. The most commonly contested points in negotiations are around licence scope, derived data, commingled data and post term use. © 2011 Hogan Lovells. Published by Elsevier Ltd. All rights reserved. Source

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