In a highly unusual move, the Court of Appeal has set aside the first instance judgment in Nicholas Martin v Julia Kogan [2017] EWHC 2927 and ordered that a new trial take place in the IPEC, but this time before a different judge. In its judgment, Julia Kogan v Nicholas Martin & others, [2019] EWCA…

In the consolidated claims of Mircom & GoldenEye v Virgin Media, the claimants sought court orders from the UK court requiring Virgin Media to disclose the names and addresses of tens of thousands of its broadband subscribers who, the claimants say, had unlawfully downloaded pornographic films. The claimants required the individuals’ names and addresses in order…

The High Court of England and Wales recently gave judgment in Cantel v Arc ([2018] EWHC 345 (Pat). Of most interest for this blog is the aspect of the case which considers when an infringing party has the requisite knowledge to be liable for secondary acts of infringement (such as importation and sale). The case…

Over the last decade, in particular, the English courts have shown a strong resolve to tackle online infringements of IP rights, and also an ability and willingness to be flexible in the remedies which they can provide to assist IP rights holders in tackling the ever evolving challenges which new technologies have created. A recent…

As discussed in this blog post, the impact which Brexit has on the UK’s copyright regime will largely depend on the exact form that Brexit takes. Whilst copyright has remained far less harmonised across EU member states than other IP rights, one aspect of UK law which has been affected by the EU is the…