Photo of Davinia Brennan

On 7 December 2015, the EU Council reached an informal agreement with the EU Parliament on the draft Network and Information Security (NIS) Directive.The draft Directive sets out cybersecurity obligations for operators of essential services in the healthcare, banking, energy and transport sectors, and also digital service providers (including e-commerce platforms, search engines, social networks, internet payment gateways, and cloud services). These operators will be required to take measures to manage cyber risks and report major security incidents.


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Photo of Kate Gorey

The US Court of Appeals (the Court) recently gave judgment on whether a type of yoga would fall within the remit of copyright in the case of Bikram Yoga College of India v. Evolution Yoga, LLC, 2015 WL 5845415.  The case concerned Bikram yoga – a popular style of yoga developed by Bikram Choudry (the plaintiff in the present case) over 20 years ago which consists of 26 postures and 2 breathing exercise, designed to systematically work every part of the body, and is performed in a hot room.


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Photo of Alison Quinn

The UPC Preparatory Committee has adopted and published the Rules and Procedure of the Unified Patent Court. The 18th draft of the agreed Rules is subject to change only with respect to the court fees that may be applicable.   The 1st draft, published in 2009, was progressed through stages of expert meetings and technical and public consultation and sets out the specific framework and functioning of the Unified Patent Court.
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Photo of Claire Morrissey

Recent high profile security incidents illustrate that no institution or business is immune from cyber attack. A cyber attack on the White House in 2014 resulted in a partial shutdown of its email system. In a reported attempt to extort money from the ECB, email addresses and other user contact information were stolen in 2014. Confidential movie scripts and emails about staff and movie stars were released as part of the 2014 Sony hack. Already this year, the Carphone Warehouse security breach in early August and the more recent Ashley Madison hack have received extensive media coverage.


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Photo of Neasa Ni Ghrada

On 14 September 2015, Minister of State for International Financial Services Simon Harris TD launched the FPAI, a new trade association founded to further the interests of stakeholders involved in the rapidly evolving Irish FinTech sector.  

FinTech (financial technology) is the term used to describe any technology applied to financial services. Across the broad spectrum of FinTech products available, everyday examples include mobile banking, peer to peer lending, digital currency (e.g. Bitcoin), crowdfunding (e.g. Kickstarter) and online payments systems (e.g. Stripe).


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Photo of Jessica Egan

Last month the Department of Communications, Energy and Natural Resources published the Government’s National Cyber Security Strategy 2015-2017 (the Strategy).

In 2013 the World Economic Forum classified cyber related threats as one of the highest of all global risks from the perspective of impact and likelihood. This assessment was echoed at a national level in the Government’s 2014 National Risk Assessment. The development and proliferation of Information and Communications technology (ICT) has transformed the way in which society operates. There are few sectors of both society and the economy which do not rely on some form of ICT for their continued operation. This increased dependence has led to increased risk with threats such as hacking, cyber-crime, hacktivism, cyber espionage, software failures and even human error posing a direct threat not only to the daily lives of Irish citizens but also to the economy and the State.


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Photo of John Whelan

Those involved in technology deals express differing views on source code escrow. These views range from resignation that the supplier won’t agree to it to the view that even if we do get it, it will only be available on the provided non-negotiable terms or a fear that even if we could get our hands on the code, we wouldn’t know what to do with it. In our experience, the position is not quite as black and white on any of these points. There is an extra aspect to think about in relation to technology offerings which include software as a service and traditional source code escrow may not always be appropriate here. Public disputes on escrow arrangements are few and far between and that’s why a recent English High Court case is worth a read. The decision in the case, Filmflex Movies Limited and Piksel Limited can be accessed here.

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Photo of Conor McEneaney

The Data Protection Commissioner, Helen Dixon, spoke at the Society for Computers and Law’s ‘The Evolution and Reform of Data Protection’ event this morning. The Commissioner gave an overview of the activities of the Office of the Data Protection Commissioner (ODPC) in 2014 and set out the aims of the ODPC for the year ahead.


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