Posts Tagged ‘copyright infringement’

Unprecedented IP envoy appointed to protect UK interests in China

Friday, December 9th, 2011

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 advice about the enforcement of IP rights.

In making the announcement, Baroness Wilcox (UK Minister for IP) commented on the opportunity that the Chinese market represents for UK businesses, stating that trade between the two nations was last year worth an estimated £42 million; she noted ‘we need an efficient global intellectual property system where businesses have the confidence to trade in growing markets’.

This appointment will be welcome news to UK companies such as Dyson who, we reported this week, are put off from dealing in China despite its rapid growth, due to the apparent lack of monitoring of domestic infringers of UK IP rights.

Laura Mackenzie

Laura Mackenzie
0121 237 3959
lmackenzie@brownejacobson.com

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High Court presses “pause” in dispute over TVCatchup

Monday, July 25th, 2011

The dispute between broadcasters ITV, Channel 4 and Five and online streaming company TV Catchup has been referred to the European Court of Justice (ECJ).

TVCatchup provides a quasi-live service, relaying free-to-air TV channels to UK members. ITV (etc) claimed that this infringed their copyright by “communicating to the public”, by electronic transmission, their films and broadcasts. TVCatchup argued that the relevant legislation had been amended improperly and was therefore invalid.

The judge provisionally found that the transmissions were “communicating to the public”, although he thought that they only reproduced a substantial part of ITV’s films, not of their broadcasts; also, for some reproductions TVCatchup may have a defence of “incidental” copying. However, he felt these issues needed clarification from the ECJ.

A final judgment may be years away allowing TVCatchup in the meantime to continue profiting from its services and must surely be a bitter pill to swallow for the broadcasters.

Laura Phillips

Laura Phillips
0115 976 6182
lphillips@brownejacobson.com

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Extradition to US for copyright infringement?

Friday, June 24th, 2011

Richard O’Dwyer, a 23 year old computer science student, faces extradition proceedings at the hands of US Immigration and Customs Enforcement (ICE) in relation to allegations of copyright infringement. Mr O’Dwyer is accused of creating and running a website which allowed users to view and download copyrighted material.

Given that the website was created and hosted in the UK it seems strange that ICE is so keen for Mr Dwyer to be charged in the US. The findings of HHJ Ticehurst in the TV-Links case back in February 2010 may have provided Mr O’Dwyer with a defence in the UK, whereas charges in the US legal system may be much more difficult to defend, particularly given the lack of state legal aid.

Given the furore over the UK’s extradition rules resulting from the US’ attempts to extradite hacker Gary McKinnon it will be interesting to see the approach taken by the UK courts in this case, which appears to relate to considerably less serious allegations.

Alex Kynoch

Alex Kynoch
0115 976 6528
akynoch@brownejacobson.com

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Bunny battle settled

Thursday, June 16th, 2011

The long standing dispute between the creators of Miffy and Hello Kitty’s companion Cathy has finally been settled.

Miffy, a small white female rabbit, was created in 1955 by Dick Bruna. Cathy, also a small white female rabbit, was created by Sanrio in 1976.

In 2010 Mercis Media BV (Mr Bruna’s copyright management firm) brought trademark and copyright infringement proceedings against Sanrio. Why it took Mr Bruna 34 years to bring proceedings is unclear…

Sanrio was ordered to stop production, sale and marketing of Cathy character goods in the Netherlands, Belgium and Luxembourg and to pay €25,000 per day if it did not comply, up to a maximum of €2m.

Sanrio appealed and filed a counter claim seeking the Miffy trade mark be removed from the register.

The matter has now been resolved, with Sanrio agreeing to no longer use the Cathy character. Both parties have also agreed to donate €150,000 jointly to the victims of the Japan earthquake. A very commendable settlement indeed.

Oliver Laing

Oliver Laing
0115 908 4854
olaing@brownejacobson.com

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Transmission Impossible?

Thursday, March 31st, 2011

This week saw the outcome of Football Dataco’s (the FA Premier League subsidiary) latest court fixture, involving its “Football Live” database, comprising data from matches in progress.

Sportradar, the European-based defendants, provide “live scores” data to UK companies including bet365.

One issue involved “database right”. “Extraction” or “re-utilization” of a qualifying database would infringe this right, and re-utilization as defined includes “transmission”. As UK database right only covers acts within the UK, was Sportradar’s provision of data over the internet (from Austrian servers) extraction or re-utilization within the UK?

Dataco argued that a transmission needs both a sender and receiver, so takes place in both countries. Sportradar says “transmission” occurs only where the data is sent.

Although Sportradar’s view suggests defendants could escape liability just by having overseas servers, theirs is surely the only practical interpretation, given that finding otherwise could mean website proprietors having to comply with copyright laws worldwide.

The Court of Appeal referred the question to the ECJ. You could say all bets are off…

Laura Phillips

Laura Phillips
0115 976 6182
lphillips@brownejacobson.com

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Tightening the net

Tuesday, June 8th, 2010

Internet Service Providers (ISPs) could soon be compiling a blacklist of online copyright infringers. Ofcom is currently consulting on the code to be followed by ISPs and how, in practice this will be enforced. The consultation ends on 30 July.

For the first time copyright owners will be able to receive a list of infringers for the purpose of bringing legal proceedings and apply to find out the names of those who are alleged to have infringed.  ISPs may also be required to limit or even block internet use.

The Act (and code) will inevitably make an ISP’s life more complicated, since, as well as blacklisting its own customers, there is a risk they become drawn into the inevitable claim, counterclaim and appeal between copyright owner and alleged infringer.

Richard Nicholas

Posted by Richard Nicholas
0121 237 3992
rnicholas@brownejacobson.com

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