UK: In Short... Intellectual Property

Last Updated: 15 December 2003

Article by Mr Charters Macdonald - Brown, Mr Simon Chalkley and Mr John Reddington

GossIP

Lord Justice Jacob Now in the Court of Appeal

Perhaps it is a sign of the growing importance of design rights that Lord Justice Jacob’s . rst case in the Court of Appeal related to a dispute over the design of an umbrella cover.

The case, Fulton v Totes Isotoner (UK), in which Jones Day acted for Fulton, was heard in October 2003 and judgment in favour of Fulton was delivered in November. Reported below.

Protection for designs in the EU has recently been extended with introduction of the new Community design rights. We look forward to seeing the extent to which those rights will be used by rights’ owners.

At Last! The EC Copyright Directive Comes to the UK

Finally, nearly a year late, the implementing legislation for the EC Copyright Directive was submitted to the UK Parliament and came into force on 31 October 2003.

The new right of "making available to the public" will strengthen copyright owners’ ability to control their copyrighted works on the Internet. The new provisions will crunch down on consumers using the DeCSS programmes to play DVDs on their computers. Also, the use of "modchips" to play computer games or DVDs imported from outside Europe will be under attack.

Civil and criminal remedies will be extended to cover previously permitted activities by consumers — activities such as photocopying may require wider licences and extra fees to be paid to copyright owners.

The Case Against: The Federation for Information Policy Research (FIPR) claims that little has been done to stop copyright law being used to raise prices to consumers for items such as game console accessories or printer cartridges.

The Madrid Protocol and the EU

The EU moves closer to accession to the Madrid Protocol following the advice of a European Council working group on 19 September to endorse a European Commission proposal on accession. Also, other obstacles blocking the EU’s accession to Madrid were removed on 25 September when members of the World Intellectual Property Organisation (WIPO) agreed on various technical amendments proposed by the EU to permit a combined use of the Community Trade Mark system in the Madrid Protocol. One of the main changes will be the insertion of an opt-back provision which will permit trade mark owners who designate the EU in their international registration to opt back to national designations if their EU designation fails.

Community Patent Gets Nearer

Following the meeting of the EU Council of Ministers Competitive Council on 3 March 2003, the European Community Patent looks closer to reality. Various political obstacles which have persisted for years have been overcome and it looks as if a single patent offering inventors one patent giving protection across the EU is now in sight. On 27 June 2003, a Presidency proposal for revision of the European Patent Convention to accommodate the Community Patent was sent to Council delegations. Some EU of. cials are saying that the new system will be operational before 2006. The deadline for establishing a central unitary court to be called the Community Patent Court, which will be based in Luxembourg, is 2010. This court will hear all Community Patent disputes with appeals to the European Court of First Instance.

New Streamlined Procedures in the UK Patent Courts

New Civil Procedure rules for patents and other intellectual property claims in the UK and a revised Patents Court Guide have come into effect this year. These will apply to the Patents Court and to the Patents County Court. There is great interest in the new streamlined procedure for determination of patent disputes under which all factual and expert evidence is in writing, there is no requirement for disclosure, no experiments, cross-examination is only permitted on any topic or topics where it is necessary and is con. ned to those topics and duration of the trial is . xed and will not normally be longer than one day. This procedure will exist alongside the more rigorous system traditionally associated with the UK courts so that parties have a choice: a cheap and quick system may be suitable for simpler, less valuable patents and smaller parties. For more complex and valuable patents, and where parties are more substantial, the old system remains available. Parties who want to use the new stream-lined system must . rst ask other parties to agree and then the court is likely to order it. If one party does not agree, an application has to be made to the court. Indications from the patent judges are that such applications are likely to be favourably dealt with by the courts.

We look forward to seeing how this system works in practice. We will report progress!

UK DESIGN RIGHT/COPYRIGHT

Lambretta Clothing Company Ltd v Teddy Smith (UK) Ltd & Next Retail plc [2003] EWHC 1204 Ch High Court

In a decision which will not go down well with designers in the fashion industry, the High Court has held that UK unregistered design right does not protect the "colourways" of a garment, namely the juxtaposition of different colours applied to a design for a garment (in this case a tracksuit top which comprised a blue body, red sleeves and white zip). In the case in question, there was nothing original in the tracksuit top itself, which had been based on an existing simple design supplied by the claimant’s manufacturer and which was described as "standard". As such no design right was claimed in any aspect of the design for the "Track Top" itself. The claim was therefore based purely on allegations against the two defendants that they had each copied the design right and/or copyright subsisting in these "colourways" and thereby infringed such rights.

Whilst it is beyond the scope of this case note to give readers as full a description and analysis of design right protection under UK law as it deserves, very brie. y, unregistered design right was introduced into UK law in 1988; its purpose was to limit the ability of rights owners to use copyright in design drawings as a basis for attacking plagiarism in industrial articles. The right is peculiar to United Kingdom law; it is not based on any European harmonisation legislation. Design right protects original design, that is to say "the design of any aspect of the shape or con. guration (whether internal or external) of the whole or part of an article" provided such design is not "commonplace in the design . eld in question". There are a number of aspects of design which are excluded from protection, the most relevant to this case being "surface decoration".

However, the key thing is the decision rather than the reasoning which is complicated. The decision is of interest because:

  1. The Court held that design right in colourways cannot form part of the "con. guration" of the article. Con. guration means a con. guration of three dimensional elements. The Judge rejected arguments that the colourways on the claimant’s garment represented 3-D elements since the colours permeate all the cloth and are not merely colours applied to the surface of the garment. Accordingly, the design right claim was bound to fail.
  2. Equally, the claimant had no enforceable copyright against the defendants. The Judge found that even if there were aspects of the design as recorded in the claimant’s design documents for the Track Top which were excluded from design right protection (but still, prima facie, protected by copyright, in relation to the enforcement of that copyright where a three dimensional article is concerned), the claimant cannot enforce any such copyright by virtue of section 51 of the Copyright, Designs and Patents Act 1988 ("the Act"). This section provides that "it is not an infringement of any copyright in a design document or model recording or embodying a design for anything other than an artistic work or a typeface to make an article to the design or to copy an article or to copy an article made to the design". In relation to this section, section 51(3) de. nes "design" as "the design of any aspect of the shape or con. guration (whether internal or external) of the whole or part of an article, other than surface decoration" and "design document" is de. ned as "any record of a design, whether in the form of a drawing, a written description, a photograph, data stored in a computer or otherwise".

The judge admitted interpretation of section 51 was not an easy issue. However, he accepted the defendants’ counsel’s submission that since the claimant’s design drawings for its Track Top were "design documents" within the meaning of section 51(3) of the Act, and since these recorded a design for something other than an artistic work or typeface (namely a track top), it follows that, giving the wording of section 51 its natural and ordinary meaning, it is not an infringement of any copyright in those documents to copy the claimant’s track top. Accordingly, in the case of copying an article made to the design, protection can only be found in design right, registered designs legislation and any other right available at common law or in equity, such as actions for passing off, breach of contract, con. dence and so on. Because the judge had already found that no design right subsisted in the colourways, the claimant’s case failed.

No doubt some people will regard this decision as providing a "copier’s charter" and it will be interesting to see if it is appealed. However, it is important to put this decision into perspective. These designs could be protectable under the new Community Unregistered Design right which provides a limited three year protection for designs which would, in our opinion, include the colourways and not have led to the enforcement issues which the claimant’s faced in this case. The quali. cation criteria mirror those for registration of designs. Design registration is comparatively cheap to obtain (when compared with trade mark protection) and similarly enforcement of a registered design (be it a national UK registered design or a Community Registered Design) registered under the current legislation would not encounter the dif. culties present in the claimant’s case.

The case therefore serves to reinforce our advice to clients that they should give serious consideration to registering their most important designs. For only a few hundred Euros they are cheap to obtain and potentially provide potent protection for design "leaders" against the "followers". Another attractive feature of the registered design system is that there is a limited right to defer the decision to register until after . rst launch (to give time to see whether or not the design is a success and therefore worth spending money to protect by registration). Whilst speci. c advice should always be taken before relying on the 12 month grace period which is provided, this does offer businesses a measure of . exibility which they should be aware of.

UK DESIGN RIGHT

Victory for Designers — Umbrella Case Litigation Success

A. Fulton Co. Ltd. v. Totes Isotoner (UK) Ltd. [2003] EWCA Civ. 1514 Court of Appeal

The Court of Appeal decision delivered on 4 November 2003 . nally brought to a successful conclusion proceedings by the UK’S leading umbrella designer and manufacturer, A. Fulton. At issue was the design right in an umbrella cover for miniumbrellas. Although simple in appearance, the design had been extremely popular with the public and had led to the best sales ever achieved by Fulton for a range of umbrellas. Not surprisingly, identical or similar umbrella covers were put on the market by competitors. Fulton took action to stop the infringing designs. Fulton took proceedings . rst of all against Grant Barnett, a well known umbrella manufacturer in the UK alleging infringement of UK unregistered design right. Almost every conceivable point available was taken by the defendant but unsuccessfully and Fulton won in the Patents County Court. Normally this decision would have been suf. cient to deter others but not Totes Isotoner who marketed a similar case for their umbrellas. Totes made some minor changes to the product in an attempt to avoid infringement and claimed that they had not copied but had designed independently. Copying is an essential element for infringement of the UK unregistered design right. Proceedings were brought against them. After conclusion of evidence in the Patents County Court, Totes withdrew its assertion of independent design. Totes, having lost, appealed on one point.

There were several versions of the Totes’ umbrella case in issue: the only version appealed was one in which a side cuff had been cut out. The version, not under appeal, was virtually identical to Fulton’s cover and the side cuff had not been cut out. The cut out version was an attempt by Totes to design away from Fulton’s design.

Totes argued that Fulton had only designed one thing — the cover as a whole and that the "cut-out" design was a different design not contemplated by the designer. Fulton asserted design rights in the whole cover and, alternatively, in the design of that aspect of the cover which consisted of the whole of it less the side cuff.

The decision in the Patents County Court was based on the relevant statutory language (s.213(2) of the Copyright Designs and Patents Act 1988) and case authority. The Court of Appeal reviewed the authorities and found that it was all one way — against Totes. The two most important cases considered were Ocular Sciences Ltd. v. Aspect Vision Care (1997) and Fulton’s . rst case against Grant Barnett. All the legal textbooks were against Totes as well.

In the end, the Court’s decision was based on the statutory language "unregistered design right subsists in any aspect of the shape and con. guration or part of an article". The effect is that a designer can complain if part of his design is copied. Totes submitted that you cannot arti. cially create a new design right under the guise of selecting a part of an actual design. It said that the cut-out design in issue was not part of the design relied upon, it was a different design from the design where this side cuff had not been cut out. The Court rejected this on the basis that Totes could not provide a satisfactory explanation for what was meant by "part". The Court said that if someone copied just the handle of a fork (putting on their own design of tines), then, given that the handle was original and not commonplace, they would infringe unregistered design right. And they would do so not because the defendant was making an article exactly or substantially to the design of the whole fork (though that might be the case too) but because they were making an article to the design of part of the fork, the handle. Totes submitted that in its case the position was different because the change it had made had altered the whole design, making a different overall design. The Court did not accept this. Its view was that a man may well create a different design when he copies only part of the design of another but a new design did not justify copying. Parliament had gone out of its way to protect not only overall designs but also parts of overall designs. The protection was only against copying and it was not necessary to copy.

Totes had copied an aspect of the design of part of Fulton’s umbrella cover; in fact the Court’s view was that Totes had copied nearly all of it. Subject to complying with the general quali. cations for subsistence of unregistered design right, a designer is entitled to prevent the copying exactly or substantially of part only of his design unless that part is excluded from protection because it is not original (i.e. is copied or is commonplace) or falls within the must . t/must match exceptions or any combination of those. Totes’ appeal failed.

Moral? Don’t copy!

PATENTS

U.S. Patents Law, Estoppel and Festo Come to the English Courts!

Celltech Chiroscience Ltd v Medimmune Inc. [2003] EWCA Civ 1008 Court of Appeal

This year the English courts had to consider U.S. patent law. This came about because Celltech had granted to Medimmune a patent licence covering most countries in the world. The licence was governed by English law and conferred jurisdiction on the English Courts. The dispute arose because Medimmune were selling a humanised antibody product SYNAGIS in the U.S. and, if that product was covered by a valid claim of Celltech’s U.S. patent, Medimmune would have to pay royalties under the terms of the licence. It was accepted that this issue would have to be determined under U.S. patent law. One aspect of SYNAGIS was not literally covered by the U.S. patent. An expert in the case said that the difference was so slight that the constituent used could be properly regarded as a conservative substitute for the other.

Celltech’s case therefore depended upon reliance on the U.S. doctrine of equivalents. Medimmune argued that Celltech were precluded from relying on this doctrine because of ". le wrapper" estoppel. This brought the well known U.S. Festo case into consideration because it had laid down the circumstances in which the doctrine of equivalents could apply. In fact, the English proceedings were stayed until after the U.S. Supreme Court had made a decision in Festo.

Since the purpose of this newsletter is to report UK and some EU developments in intellectual property law, we shall not report the English courts’ analysis of U.S. law in detail. In summary, the Court of Appeal considered the effect of ". le wrapper" or "prosecution history" estoppel. This has two branches: "amendment estoppel" and "argument estoppel". Amendment estoppel arises where the patentee has limited or amended the patent claims during prosecution to satisfy Patent Act requirements and the amendments narrow the patent’s scope. The patentee is then precluded from obtaining under the doctrine of equivalents coverage of the subject matter that has been relinquished during the prosecution of the patent application.

Argument estoppel arises when unmistakable assertions are made by the applicant to the Patent Of. ce in support of patentability, whether or not required to secure allowance of the claim, which may operate to preclude the patentee from asserting equivalency between a limitation of the claim and a substituted structure or process step.

In the High Court, Jacob, J. found that Celltech could not rely on the doctrine of equivalents on the basis of argument estoppel. However, with amendment estoppel, he held that the equivalent in question was irrelevant to the amendment made during prosecution, and therefore did not preclude the doctrine of equivalents. It made no difference to his decision against Celltech because they lost on the grounds of argument estoppel.

The Court of Appeal agreed with Jacob, J. on argument estoppel but not on amendment estoppel. By giving up, for the one infringing constituent of the product in question SYNAGIS, the territory occupied by all amino acids except the mouse residue, the amendment necessarily surrendered any equivalent of a mouse residue. In the end, therefore, Celltech was estopped on the grounds of both amendment and argument estoppel from relying on the doctrine of equivalents. It could not establish infringement of the U.S. patent and, therefore, its claim to royalties failed.

The fact that there is disagreement among English judges when analysing Festo indicates what a quagmire this area of U.S. patent law is and Jacob, J. made speci. c reference to this. Apparently, much patent litigation in the U.S. involves disputes about equivalents and estoppel and Jacob, J. thought that the advocates for similar doctrines in the EU should bear this in mind.

CAUSE OF ACTION ESTOPPEL AND £50 MILLION"

Co. exip SA v Stolt Offshore MS Ltd [2003] EWHC 1892 (Pat) Patents Court

In 1996 Co. exip sued Stolt for patent infringement. On 31st July 2000, the Court of Appeal upheld a High Court judgment of Laddie, J. whereby he held the patent valid and infringed. An inquiry as to damages followed in which between £50 and £70 million plus interest was claimed.

Following Co. exip’s success against Stolt, another company, Rockwater, sought revocation of the patent basing their case on prior art which had not been relied upon by Stolt. Rockwater was successful and on 15 April 2003, Laddie, J. ordered that the patent be revoked subject to a stay until after appeal.

In July 2003, Stolt sought a stay of the inquiry as to damages. Stolt argued that it would be monstrous if it had to pay an enormous sum in respect of a violation of a wholly nonexistent right.

Jacob, J. said that although this proposition had a lot to be said for it, it did not follow that it was right. After all, Stolt had lost its case and was seeking to take advantage of the success of others as though it applied to Stolt too.

Co. exip, the claimant, argued that, although revocation relates back to the date of grant, this could not help Stolt who were bound by the rule of cause of action estoppel. They, unlike anyone else, could not be heard to say "There never was a patent."

The formidable obstacle of Poulton v Adjustable Cover & Boiler Block Co. (1908) 25 RPC 529 was raised against Stolt. The facts were very similar and an unsuccessful defendant to a patent action had to pay damages even though the patent was revoked following the infringement proceedings. This case has stood for nearly 100 years and without criticism in any of the textbooks.

Jacob, J. found that the Poulton case still stood as did the general law of cause of action estoppel. He declined a stay. In reaching his decision, the judge referred to policy considerations. He said that if a defendant, having . nally lost a patent action, knew that an application for successful revocation by another might get him off the hook for damages, he would have every motive for digging up better prior art and encouraging another to attack the patent. So although he himself could not re-litigate validity, one of the heads of public policy (re-litigation) behind the rule could be subverted indirectly.

TRADE MARKS

Have a Break Goes to the ECJ

Nestle SA v. Mars UK Limited [2003] EWCA Civ 1072 Court of Appeal

The attempt by Nestle to register the advertising slogan "Have a break" as a trade mark has been referred to the ECJ after a ruling by the Court of Appeal on 25 July. So far the application has been refused by the Hearing Of. cer and then the High Court on the grounds of lack of distinctiveness. The Court of Appeal followed the ECJ Baby-Dry decision that there was no inherent distinctiveness in the mark but the question referred to the ECJ is whether distinctiveness may be acquired following or in consequence of the use of the mark as part of or in conjunction with another mark.

FURTHER INFORMATION

In Short…Intellectual Property is a publication of Jones Day and should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at its discretion. The mailing of this publication is not intended to create, and receipt does not constitute, an attorney-client relationship.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

 
In association with
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.