Infringement

403 articles available

Question referred to the Supreme Court by Stockholm District Court in a case between Bildupphovsrätt i Sverige ek.för. (BUS) vs Wikimedia Sverige (Case nr Ö 849-15) On 4th April 2016 the Supreme…

When a new disruptive innovation comes around, the question always arises as to whether the current legal regimes can provide answers to all potential legal questions arising out of such new…

A. Introduction and Background In copyright law the term ‘communication to the public’ marks the boundary between use which has a copyright law relevance and use which does not. The interpretation…

On the 7th of April AG Wathelet issued his Opinion in the GS Media case (C-160/15). The case concerned the provision by GS Media of hyperlinks that directed users to Filefactory.com, an Australian…

IN CASES OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, COMPENSATION FOR MORAL DAMAGES IS COMPATIBLE WITH PECUNIARY DAMAGES CALCULATED ON THE BASIS OF “HYPOTHETICAL ROYALTIES”.  Judgment of the…

On 16 March 2016 the CJEU’s Advocate General Szpunar handed down his Opinion in case C-484/14, Mc Fadden. The case concerns the liability of Tobias Mc Fadden, the owner of a business selling lighting…

The English High Court found that an App which allows users to upload, share and view 8 second clips of cricket matches and other sporting events (on a near-live basis) infringed the copyright in the…

By Jeremy Blum and Sarah Watson, Bristows Ultrasoft Technologies Limited v Hubcreate Limited [2016] EWHC 544 (IPEC) On 16th February 2016 the Intellectual Property Enterprise Court (Hacon HHJ)…

The Supreme Court held that “uses in any other manner” as provided in Article 172a, para. 1 of the Criminal Code covers any possible use of a copyright protected work. It is not necessary to refer to…