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Intellectual Property

Silence is Golden: Holding the Breach on Free Speech with Trade Secret Law on the Horizon

What disappears when you speak its name?A riddle as old as time itself. But, as anyone charged with the keeping of secrets knows; once silence is broken, a great many more things might go the same way.Among those things, there's your intellectual property.This may seem a little counterintuitive. Common sense dictates a good idea must be disclosed to the public one way or another if it is to evolve into a good venture.Indeed, it is generally the case that intellectual property must be declared or expressed publicly before it can even become vested with the law's protection.Reality, however, is rather…
Jonathan Tonna
28th March 2018
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Intellectual Property

Silence is Golden: Holding the Breach on Free Speech with Trade Secret Law on the Horizon

What disappears when you speak its name?A riddle as old as time itself. But, as anyone charged with the keeping of secrets knows; once silence is broken, a great many more things might go the same way.Among those things, there's your intellectual property.This may seem a little counterintuitive. Common sense dictates a good idea must be disclosed to the public one way or another if it is to evolve into a good venture.Indeed, it is generally the case that intellectual property must be declared or expressed publicly before it can even become vested with the law's protection.Reality, however, is rather…
Jonathan Tonna
28th March 2018
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Intellectual Property

What Can You Legally “Watch Free Online” and When?

Putlocker. BitTorrent. PirateBay. Napster. Mediafire.Ring any bells?We'll bet they do.Generally, most people have a pretty acute gut sense about when something is a little too good to be legal. It's just that, generally, most people ignore it – nip the burgeoning weed of guilt in the bud – and get on with their lives as though nothing is wrong.So, is your gut on to something?You may or may not be "most people", but you may yet be surprised to discover precisely what the law of copyright has to say about what you do online. For instance, you would probably think nothing of…
Jonathan Tonna
13th February 2018
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Intellectual Property

A More Poignant New Year than Usual for French Winemakers After CJEU Ruling on “Champagner Sorbet” Case

Whilst champagne corks were popping all over the world this past New Year's, winemakers in the Northeast of France had little cause for celebration in the wake of the CJEU's decision over Aldi Süd's "CHAMPAGNER SORBET" dessert.Champagne has become somewhat of a posterchild for so-called Protected Designations of Origin (PDOs) – one of three regimes available under EU law whereby food producers across Europe so jealously guard their various namesakes.PDOs are sui generis intellectual property rights available to specific agricultural products originating in particular geographical regions. They can have serious implications for unsuspecting food traders all over the EU, including…
Jonathan Tonna
22nd January 2018