Home Page ContentPress Releases FAST Legal Advisory Group (FLAG) discussing latest developments including ‘exhaustion’ in Intellectual Property Law

FAST Legal Advisory Group (FLAG) discussing latest developments including ‘exhaustion’ in Intellectual Property Law

by david.nunes

7th September 2011


FAST Legal Advisory Group (FLAG) discussing latest developments including ‘exhaustion’ in Intellectual Property Law



FLAG will be joined by Conservative MP Mike Weatherley at Portcullis House, at the Houses of Parliament on Wednesday 14th September 2011 to discuss items of interest including ‘exhaustion’ in intellectual property law and its impact on the software industry.


With a host of industry experts on UK digital copyright law, this roundtable discussion presents the chance for those operating in the legal sector to gain first-hand knowledge of the potential nuances, threats and opportunities posed by recent changes in intellectual property law.


Dawn Osborne, Partner at intellectual property specialists Palmer Biggs Legal and Chair of FLAG, comments: “This roundtable event is a great opportunity for the participants to share their legal expertise and voice opinions about current digital copyright issues in IP. We welcome the participation of Mike Weatherley MP, who himself is a supporter of intellectual property for growth, and this event is a great opportunity to speak directly to him and raise our voice at Parliament. This promises to be a very interesting event, casting much needed light on the ever-changing landscape of intellectual property law and the possible ramifications for the software industry.”


FLAG lawyers were at the genesis of FAST, and the FLAG group was established shortly after FAST was founded in 1984, consisting of representatives from the UK’s leading legal firms with Intellectual Property practices.  FLAG meets several times a year to receive presentations on pertinent topics and to review legal developments affecting the software industry.


The event will consist of two main sections. In the first, in a discussion entitled ‘The principle of ‘Exhaustion’ in IP – a pincer movement?’ two high profile copyright cases will be considered by leading practitioners:


  • Robert Clarke of Arthur Cox considering Karen Murphy v Media Protection Services Limited. (Case C-429/08). A case at the European Court that threatens to undermine the accepted position that the European zone may be carved up using IP to allow for various price points for the same product across the EU. Robert Clark, a Consultant at Arthur Cox, will discuss the much anticipated ECJ ruling and the implications that this might have for software. Robert remarked, “The ECJ is anticipated to rule of the case of Karen Murphy, a decision which could test the very fundamentals of national IP law versus the concept of a single market.”


  • Larry Cohen, Partner at Latham & Watkins, will discuss the issue of second hand software considering the case of Oracle International Corporation, Redwood Shores, CA, USA v UsedSoft GmbH, Munich. How business models will be affected if copyright holders, who deliver their software over the internet to customers, lose their ability to control further distribution. Larry will also consider if trademarks offer additional protection following the L’Oreal cases. Larry observed, “So far 2011 has seen case law which will make it easier for rights owners to reduce infringement. However, a decision for UsedSoft could prove challenging for established models. It is interesting times.”


The second half seeks to explore the differing viewpoints within the industry of the sales of counterfeit goods online and the conflict between innovation and the rights of end-providers to protect their “whole” works.


Vijayalaxmi Aithani, Corporate Attorney, Legal and Corporate Affairs Microsoft, will discuss the MoU which is aimed at reducing the sale of counterfeit goods online, to enhance collaboration between stakeholders, consumers, rights owners and internet platforms.


James Firth, CEO of Open Digital Policy Organisation, will critically examine the tension between innovation and end users, and the discrepancy between the life cycles of patent protection (20 years) and copyright protection (life + 70 years). James comments, “In our scramble to protect creators it’s all too easy to lose sight of the fact that copyright is a market intervention, and there comes a point where protecting the rights of the creator comes at a cost to consumers and society.”


To register for this roundtable event, please email



Join FAST and its guest speakers,

10:00 for 10:30 am start. Close 12:30 pm.

Portcullis House (St Stephens Gate Entrance)

London, SW1A 2LW






Mike Weatherley MP

Mike Weatherley, Conservative MP for Hove and Portslade since 2006, is a committed community activist, and is engaged in a wide range of initiatives, including intellectual property rights.


Dawn Osborne, Partner, Palmer Biggs Legal and Chair of FLAG

Dawn Osborne is a partner of Palmer Biggs Legal – an intellectual property specialist. She previously trained and qualified with the media and intellectual property practice of Denton Hall and became partner of Willoughby & Partners and an executive of Rouse & Co International. Dawn has over 15 years experience exclusively in intellectual property. She is also a Chair of FLAG.


Dr Robert Clark, Consultant, Arthur Cox

Based in Dublin, Robert Clark is an expert in Information Technology, Intellectual Property and commercial contracts. He is Chairman of the Copyright Association of Ireland.


Larry Cohen, Partner, Latham & Watkins

Larry Cohen is a partner in the London office of Latham & Watkins. His practice includes patents, trademarks (registered and unregistered), copyright and confidential information. He is the global co-chair of the Latham & Watkins Intellectual Property, Media & Technology Practice Group.


James Firth, CEO of Open Digital Policy Organisation

The Open Digital Policy Organisation is an advocacy group, which aims to bring transparency and knowledge to the sector, with a focus on consumers and ethical business models.


Vijayalaxmi Aithani, Corporate Attorney, Legal and Corporate Affairs Microsoft Limited



About FAST

The Federation Against Software Theft was formed in 1984; it was the first organisation globally to champion the professional management of legitimate software and protect publishers’ rights. It aims to reduce, restrict and or lessen the incidence of unauthorised dealings in computer software.


FAST is a not-for-profit organisation limited by guarantee and wholly owned by its members. It works on many fronts to promote the legitimate use of software and protect its members’ rights through education, enforcement, lobbying and promoting standards and best practice in business. www.fastiis.org









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