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The European Court of Human Rights sets out criteria for lawful monitoring of employees

On 5 September 2017, in the case of Bărbulescu v Romania (Application no. 61496/08), the Grand Chamber of the European Court of Human Rights reversed a First Chamber decision and found that the Romanian courts, in reviewing the decision of a private company to dismiss an employee after having monitored his communications on an online messaging service, failed to strike a fair balance between the employee’s right to respect for his private life and correspondence enshrined in Article 8 of the European Convention on Human Rights on the one hand, and his employer’s right to take measures in order to ensure the smooth running of the company on the other. In its judgment, the Grand Chamber specifies the criteria to be applied by national authorities when assessing whether a measure to monitor employees’ correspondence and other communications is proportionate to the aim pursued and whether the employee concerned is protected against “arbitrariness”.

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Consultation Period for Rules of Procedure for the Unified Patent Court (UPC)

Practices: Intellectual Property

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On 25 June, 2013, the Preparatory Committee for the EU Unitary Patent System published its draft Rules of Procedure for the Unified Patent Court. U.S. and international companies can now comment on the rules. Read the alert to find out how. 

The Committee is now soliciting public comment through 1 October, 2013. Comments should be submitted to the following address: secretariat@unified-patent-court.org

As we have discussed previously, the new Unitary Patent Court and its Rules of Procedure will substantially influence European patent litigation strategies for plaintiffs and defendants. Certain rules will be particularly important to U.S. and international companies. These include rules related to bifurcation, stay and injunctions, opting out of UPC jurisdiction, interplay between EPO oppositions and UPC revocation, and costs of proceedings and damages.

For questions about how the new EU System and its Rules of Procedure will impact your business or how to present comments to the Committee, please contact your usual Ropes & Gray attorney or one of the following Ropes & Gray attorneys: Anita Varma, Richard McCaulley, and Edward Kelly.                         



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