Copyright

New Unjustified Threats Regime in force from 1 October 2017

Threatening proceedings for intellectual property right infringement can sometimes backfire. In relation to patents, trade marks and designs, there is a right for any person aggrieved by the threat to bring an action against the threatener. The “aggrieved” person may not … Continue reading

Comments Off on New Unjustified Threats Regime in force from 1 October 2017

Filed under 3D printing, Advertising, Agribio, Agribusiness, Consumer products, Copyright, Counterfeiting, Databases, Designs, Energy, Media, Passing Off, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, Trade secrets, UK

BitTorrents join unlawful streaming and unlawful downloads as infringements of copyright

Following on from its recent decision in Filmspeler, the CJEU has handed down its judgment in Stichting Brein v Ziggo, C-610/15 (The Pirate Bay), concluding that operators of the online sharing platforms are making a 'communication to the public' within … Continue reading

Comments Off on BitTorrents join unlawful streaming and unlawful downloads as infringements of copyright

Filed under Consumer products, Copyright, EU, Media, Technology, media & telecommunications, UK

More flexibility to threaten IP proceedings in the UK under new Unjustified Threats legislation

See our updated posting on the new Intellectual Property (Unjustified Threats) Act 2017 published on 28 September 2017 in anticipation of the Act coming into force on 1 October 2017 here.      

Comments Off on More flexibility to threaten IP proceedings in the UK under new Unjustified Threats legislation

Filed under Advertising, Agribio, Agribusiness, Consumer products, Copyright, Databases, Designs, Energy, Media, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, Trade secrets, UK

Unlawful streaming is as infringing as unlawful downloads – Further guidance from the CJEU on “communication to the public”

The CJEU has issued its ruling in Filmspeler that the sale of a multimedia player specifically configured to link to websites on which protected works are made available to internet users, without the consent of the copyright holders, is a … Continue reading

Comments Off on Unlawful streaming is as infringing as unlawful downloads – Further guidance from the CJEU on “communication to the public”

Filed under Copyright, EU, Media, Technology, media & telecommunications, UK

3D Printing and IP – Herbert Smith Freehills publishes Practice Note on 3D printing published by Practical Law IP&IT

Our Practice Note on 3D printing published by Practical Law here: https://uk.practicallaw.thomsonreuters.com/Document/I3466c5d71a1711e798dc8b09b4f043e0/View/FullText.html?transitionType=SearchItem&contextData=(sc.Search)&firstPage=true&bhcp=1 provides an overview of the 3D printing industry and highlights the challenges for intellectual property (IP) rights-holders when seeking to enforce their rights if they are infringed by 3D … Continue reading

Comments Off on 3D Printing and IP – Herbert Smith Freehills publishes Practice Note on 3D printing published by Practical Law IP&IT

Filed under 3D printing, Consumer products, Copyright, Counterfeiting, Designs, Licensing, Patents, Technology, media & telecommunications, Trade marks & Passing-off, Trade secrets, UK, Uncategorized

High Court orders ISPs to block their customers from receiving unauthorised streaming of Premier League football matches

Following on from a number of decisions in which internet service providers (ISPs) were ordered to block their customers from accessing websites whose content infringed the rights of intellectual property owners, the High Court has granted an order sought by … Continue reading

Leave a Comment

Filed under Copyright, Media, Technology, media & telecommunications, UK

Practice note for Practical Law IP&IT on Protecting Brands via Intermediaries

Our Practice Note commissioned by Practical Law IP&IT is a guide to the options available to brand owners when seeking to enforce their rights against intermediaries, such as ISPs, including website-blocking injunctions, take-down notices and domain-name seizures. Read the note … Continue reading

Comments Off on Practice note for Practical Law IP&IT on Protecting Brands via Intermediaries

Filed under Advertising, Consumer products, Copyright, Counterfeiting, Trade marks & Passing-off, UK

Law catches up with free TV streaming sites

ITV & Others v TVCatchup: CJEU Rules S.73 CDPA defence not applicable to online streaming of live broadcasts. The CJEU has issued its ruling on the latest question referred to it in the long-running dispute between ITV (and others) and … Continue reading

Leave a Comment

Filed under Copyright, Media, Technology, media & telecommunications, UK

Free Wi-Fi providers: more than mere conduits?

The effect of the European Court of Justice’s ruling in McFadden v Sony appears to be that providers of free wifi will need to password protect their services and require users to identify themselves if they wish to avoid liability (C-484/14).  … Continue reading

Leave a Comment

Filed under Copyright, EU, Media, Technology, media & telecommunications, UK

Hyperlinking to material on the internet – CJEU expands on the circumstances when it may amount to copyright infringement

In a further key decision on hyperlinking and copyright, the CJEU has held that creating hyperlinks may be a communication to the public and so may amount to copyright infringement, if the creator of the hyperlinks knows or should have … Continue reading

Leave a Comment

Filed under Copyright, EU, Media, Technology, media & telecommunications, UK