Withy King's Technology & Media team has helped Helen Morrell from South Oxfordshire to become the first person in the UK to use thermal imaging to help identify and monitor injury and illness in domestic pets.
Helen has launched Veterinary Thermal Imaging Ltd, which uses special cameras to detect physiological changes in animals. The technique can highlight health problems which would otherwise be undetectable without invasive and expensive procedures such as x-rays and MRI scans. More information about Helen and the technique can be found on her website: www.veterinary-thermal-imaging.com.
Jessica Bent, Head of Technology & Media at Withy King said: “Helen’s business is unique in many ways but the advice is the same for any business, be it a start-up or an existing company. Make sure you have clear standard terms of business which, among other things, set out your payment terms and limit your liability for the services or goods you provide.”
“Many businesses now have websites too and, even where this is simply a ‘shop window’, you should have adequate terms of use to protect against unauthorised copying of material and potential liabilities to visitors to the site.”
Helen is currently working with a three-year-old terrier called Jack who is suffering from muscular atrophy caused by a locking patella.
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Two business lobbies have called for EU law makers to improve protection in respect of intellectual property (IP) rights and trade secrets with a stricter enforcement regime.
G8 and G20 leaders have been lobbied by the International Chamber of Commerce (ICC) to introduce “real deterrents” in respect of IP crime. The ICC believes the introduction and enforcement of tougher sanctions against IP crime is one of "three areas crucial to the future of the world economy". A recent ICC study estimates that counterfeiting and piracy costs G20 governments £82 billion a year in lost tax revenues while risking 2.5 million jobs. The study refers to counterfeiting as "depriving governments of tax revenues, endangering the lives of consumers and undermining confidence".
Meanwhile, a coalition of seven international corporations has called on the European Commission (EC) to extend to trade secrets the same kind of protection currently in place for other IP. The coalition has identified that a recent consultation by the EC's Taxation and Customs Union Directorate General, dealing with customs measures in respect of goods suspected of infringing IP rights, does not recognise trade secrets as IP. The coalition is also in dialogue with the EC's Internal Market and Services Directorate General to include trade secrets in an upcoming review on the enforcement of IP rights.
This demonstrates that Industrial espionage and trade secret theft is beginning to be recognised at international level.
Online data gets checked over
A code of practice regarding the protection of individuals' privacy online has been published by the Information Commissioner's Office. They have also provided a checklist (which can be viewed by clicking here) for businesses that operate online to make sure that they use personal data they may collect properly.
It covers activities such as collecting a person's details through an application form, the use of cookies or Internet Protocol (IP) addresses to focus content at a certain user as well as the implications of using cloud facilities for data processing. Essentially the code is the Commissioner’s interpretation of what the legislation requires and it gives advice on good practice. However, compliance with the recommendations set out in the code is not mandatory in some cases as they go beyond the strict requirements of the Data Protection Act. Areas of particular interest are the discussion of online behavioural advertising which makes clear that it is not inherently unfair or intrusive, guidance regarding collection of data on vulnerable people and children in particular, as well as the information that needs to be provided to consumers about their privacy settings.
Digital Economy Act under Scrutiny
The leader of the House of Lords, Lord Strathclyde, recently announced that there will be a review of the House’s working practices. This currently encompasses a suggestion that the Lords will be able to consider law even after it has been enacted.
Several Lords have suggested that the Digital Economy Act should be the guinea pig for post legislative analysis.
This Act was rushed through in the “wash-up”, consequently it got very little discussion in Parliament before being made law. The Act obliges Internet Service Provider's (ISP) to deal with unlawful file-sharers by notifying file-sharers of their suspected activities and potentially cutting bandwidth or stopping their internet connection. However, Ofcom has commented that the plans to stop individuals’ internet connections would not come into force until 2012 at the earliest.
TalkTalk and BT have already asked for the Act to be subject to judicial review. They have suggested that the Act does not comply with European laws on privacy and they do not wish to spend money on new systems to implement the requirements if the Act itself is unlawful. The companies said in a statement: "Innocent broadband customers will suffer and citizens will have their privacy invaded. We think the previous Government's rushed approach resulted in flawed legislation…..That’s why we need a judicial review by the High Court as quickly as possible before lots of money is spent on implementation."
