Home > Legal Opinions tagged copyright

  • P2P Filesharing – appeal court orders O2 to disclose more names

    Giles Parsons

    Golden Eye was licensed on terms to bring copyright infringement proceedings against people alleged to have shared pornographic works. The High Court  did not find this agreement illegal but refused to order O2 to disclose alleged filesharers’ identities as that would ‘endorse’ the agreement, and be ‘tantamount to… sanctioning the sale of the Intended Defendants’ privacy and data protection rights’. The […]

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  • Some clarity emerges in the ongoing battle of the tablets!

    Peter Ellis

    A strong Court of Appeal (with 2 acknowledged experts in intellectual property), has ruled in favour of Samsung over Apple in the battle of the tablets. The Court has ‘dispersed the fog’ that the cloud of litigation created over the alleged infringement of design rights and has clarified the issues in dispute; given valuable advice […]

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  • Law Commission to Review IP Threats Provisions

    Laura Richards

    Protecting intellectual property rights requires a balance between those who seek to safeguard their IP rights and those who receive groundless threats. These claims take different forms, those with no basis for the allegation and those where there is no legitimate intention to litigate. These types of actions are becoming more prevalent. There have been […]

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  • O’Dwyer extradition raises copyright profile

    Laura Mackenzie

    As Cameron and Obama were recently discussing the current extradition laws between the 2 countries, Home Secretary Theresa May approved the extradition of Richard O’Dwyer to the US, after a UK court had earlier decided he could be extradited for copyright infringement for hosting sites that provided links to unauthorised copyright material on other sites, which […]

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  • ISPs lose appeal challenging the Digital Economy Act

    Laura Richards

    An appeal by BT and TalkTalk regarding measures to tackle copyright infringement online, a rapidly growing issue, has been rejected in the Court of Appeal. The ISPs (Internet Service Providers) challenged the provisions of the Act stating that they were incompatible with EU law, including the E-commerce directive. The decision rested on some key technical […]

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  • Copyright in football fixture lists – they think it’s ...

    Mark Daniels

    The Court of Justice has confirmed the Advocate General’s opinion (reported by Browne Jacobson) on copyright protection for football fixture lists. In its decision the court found that the determination of all the elements relating to a single football fixture (date, time, venue etc) is a data creation activity. As such, this activity is irrlevant […]

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  • Another one bites the dust! Nokia successfully attacks another IPC...

    Mark Daniels

    In the latest chapter in the long running telecoms patent dispute between Nokia and IPCom, the English High Court has ruled that IPCom’s European patent (UK), which related to the handover of mobile phones between different base stations (eg when the mobile user is on the move), was invalid as originally granted but allowed IPCom […]

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  • A scoop for all

    Sara McNeill

    The Copyright Tribunal has determined that the Newspaper Licensing Agency (NLA) must cut licence fees charged to end users of news monitoring services who receive emails containing online news clippings. Last year, in an action brought by the NLA against Meltwater, a media monitoring business, the Court of Appeal upheld the High Court’s decision that […]

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  • PCC considers copyright in iconic London images

    Ryan Harrison

    The Patents County Court (PCC) has found that copyright in a predominantly black and white photograph featuring a red London bus on Westminster Bridge (below left), was infringed by a later image created by combining two images using image manipulation software (below right). Although the two final images are clearly the product of different photographs, […]

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  • Richard Hooper calls for evidence on Digital Copyright Exchange

    Dave Drew

    Richard Hooper, appointed by the government to conduct a study of the Digital Copyright Exchange (DCE) proposed in the Hargreaves Report on intellectual property rights, has called for evidence from interested parties . Submissions must be made by Friday 10 February. The DCE is proposed as a solution to the problem of the collapsing value […]

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  • Nominet appeal panel polishes off Furniture Village’s complaint

    Giles Parsons

    Furnitureland went into administration in 2005. Its trade marks and the goodwill associated with them were sold to Furniture Village. In 2009, furnitureland.co.uk ltd was incorporated and obtained the domain furnitureland.co.uk. Furniture Village brought a Nominet complaint about furnitureland.co.uk. The respondent claimed that, although he knew about Furnitureland, he thought they had stopped trading, and […]

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  • Apple victory over HTC in smartphone patent battle

    Laura Mackenzie

    After a lengthy legal dispute, the International Trade Commission (a US trade panel that investigates patent infringement involving imported goods) has ruled that HTC phones infringe one Apple patent. HTC will by 19 April 2012 remove from all their devices the infringing feature, which enables the user to convert embedded data (such as a phone […]

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  • Advocate General supports team Yahoo in fight over football fixtur...

    Mark Daniels

    Today, Advocate General Mengozzi delivered his opinion to the Court of Justice of the European Union (CJEU) on some “short” and “simple” questions referred to the CJEU by the English Court of Appeal in the case of Football Dataco Ltd and Ors v Yahoo! UK Ltd. The Opinion relates to the scope of copyright protection […]

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  • Counterfeit products flood UK market warns UK Border Agency

    Oliver Laing

    The Government’s UK Border Agency has warned shoppers of a flood of counterfeit products coming into the UK in time for the festive season. Counterfeit products such as toys, electronics and beauty products all pose a potential health risk due to the use of banned chemicals or unsafe electronics. For the companies whose products are […]

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  • Government Strategy to open up access to IP for SMEs

    Richard Nicholas

    A Strategy published yesterday and highlighted by the IPO’s press release sets out measures to help small and medium size businesses protect their IP rights. The strategy picks up a number of proposals for the future (such as the creation of a register of IP advisors, online training tool, and provision of audits) and some […]

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  • Unprecedented IP envoy appointed to protect UK interests in China

    Laura Mackenzie

    Following our recent blog on UK businesses’ anger at China’s apparent ‘flouting’ of Intellectual Property (IP) rights, the government’s appointment of the UK’s first ever IP Attaché has been announced. Tom Duke will be based at the British Embassy in Beijing and will be responsible for providing UK companies trading in China with support and […]

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  • Dyson – China’s flouting of IP rights risks their expulsion from t...

    Laura Mackenzie

    Sir James Dyson has warned that China’s reputation risks being tarnished in the eyes of foreign investors due to their approach to IP rights. In advance of this week’s Intellectual Property Office (IPO) symposium, which will be attended by trade representatives from China and the UK (including the UK Minister for IP- Baroness Wilcox), Dyson […]

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  • No enforced filtering of internet use for ISPs, ECJ rules

    Laura Mackenzie

    The ECJ has ruled that courts of member states cannot force ISPs into broad filtering and monitoring of their user’s access to copyright-infringing file-sharing websites. It follows an order by a Belgian court that an ISP (Scarlet) must implement a filtering system to block their user’s ability to send and receive files containing musical works […]

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  • The Patents County Court – living the dream!

    Mark Daniels

    The Patents County Court was revamped this time last year with its principle objective being to promote access to justice at proportionate cost for SMEs and other parties involved in lower value IP disputes. The damages cap which is to be applied to claims in the Patents County Court has now been formally extended to […]

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  • Facebook F8: Media sites to tie-up with social networking

    Dave Drew

    Understandably, the annual Facebook F8 developer conference is about the best place to go to find out about the key trends in online social networking. Last week, Mark Zuckerberg announced a new Facebook media sharing application which allows users to share music, TV and film from media sites such as Spotify. Facebook has clearly recognised […]

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