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…
The draft Brexit Withdrawal Agreement between the EU and the UK, which was published by the European Commission on 28 February 2018, provides for continued protection in the UK of registered or granted IP rights. According to article 50 (1) of the draft agreement, the holder of a EU trade mark, design or plant variety right,…
As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2018 to all of our readers, as well as reflect on developments in copyright over the past year. Last year was a busy one in the copyright world, with a number of landmark CJEU decisions,…
Have you ever given an idea to a friend, who then weaved that idea into their work? Did you feel that you should be recognised for your idea being included even though what you contributed was rather high level? Two weeks ago, in the UK judgment Nicholas Martin v Julia Kogan [2017] EWHC 2927 (IPEC),…
In a recent UK judgment, Neptune (Europe) Limited v deVOL Kitchens Limited, Neptune was unsuccessful in its claim against a fellow kitchen designer, DeVOL. DeVOL’s ‘Shaker’ kitchen was found not to have infringed the UK unregistered design rights (“UDR”) and a Registered Community Design (RCD) in Neptune’s ‘Chichester’ range. UDR was created to complement copyright…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs. Here are the top posts from March and April. Top 3 Kluwer Copyright Blog…
A full summary of this case has been published on Kluwer IP Law The Court of Appeal agreed with the High Court’s decision that the defence raised by a pub owner who had been showing football matches using a domestic satellite decoder from a foreign broadcaster was not valid, as there was not a sufficient…
A full summary of this case has been published on Kluwer IP Law In a case between a music publisher and members of the pop group Duran Duran, the Court granted a declaration to the claimant music publisher, finding that service of notices under s.203 US Copyright Act 1976 purporting to terminate assignments of the US…
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…
The CJEU has handed down a decision which is likely to land a fatal blow to the online streaming service TVCatchUp in their long running saga with free-to-air broadcasters. Background As we reported back in 2015, this reference to the CJEU by the UK Court of Appeal followed an appeal by the claimant broadcasters against…
