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View the related checklists about Secondary infringement

Using IP as security: key issues—checklist

Using IP as security: key issues—checklist This Checklist is drafted from the lender’s perspective, and it is designed to highlight the key issues to consider and steps to follow when using IP as security, such as to: • consider the nature of the IP right • consider the type of security • consider ownership, duration, and third-party rights • consider validity and maintenance of the right • value the IP right • consider associated rights and property • register the security at the appropriate registry For further information on taking or perfecting security over IP, see: • Practice Notes: Taking security over intellectual property rights, Taking security over intellectual property—practical points, Perfecting security over intellectual property rights and registering security at an intellectual property registry and Effect of registering security at IP registries on priority of security interests • Precedents: Assignment of intellectual property by way of security, Agreement for assignment of patent by way of security in pursuance of loan agreement: Encyclopaedia of Forms and Precedents (21(1)) [1172], Mortgage...

Ownership and issues regarding copyright works created at home—checklist

Ownership and issues regarding copyright works created at home—checklist Employees and contractors are increasingly working more from home. This has resulted in an increase in content being created at home and posted or shared online, for example by teachers to share with their pupils via video communications. When content is created at home in these circumstances, the ownership of IP rights, use of third-party material and infringement of third-party rights should be considered. For further information on issues raised by this Checklist, see Practice Notes: • Copyright—protectable works • Copyright—authorship and ownership • Copyright & associated rights—overview • Copyright infringement • Copyright—secondary infringement • Copyright infringement—remedies • Copyright—permitted acts and defences • Joint ownership of intellectual property rights The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) Copyright origination ☐ Identify the copyright work. Copyright is an unregistered right—it comes into being automatically on the creation of a qualifying work.The main categories of ‘work’ are:—literary,...

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Copyright infringement action—flowchart

Copyright infringement action—flowchart STOP PRESS: This Flowchart is under review. Once it has been reviewed, its status will return to maintained. For more information about running an IP dispute, see Practice Note: How to run an IP dispute. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Copyright―protectable works • Copyright—subsistence and qualification • Copyright—authorship and ownership • Copyright infringement • Interim and final injunctions—overview • Copyright—permitted acts and defences • Copyright—secondary infringement • How to run an IP dispute • Disclosure scheme—overview Claim preparation and pre-action matters—Precedents • Notice of seizure of infringing copies Claim preparation and pre-action matters—Checklist • Timetable for disclosure—Business and Property Courts disclosure pilot Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Claim preparation and pre-action matters—News Analysis • The use of intellectual property insurance Stage 2—letter of claim alleging copyright infringement Letter alleging copyright infringement—Practice Notes • Unjustified threats of intellectual property right infringement...

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Copyright—secondary infringement

Whereas primary infringement requires in most instances the act of reproduction, secondary infringement is about dealing commercially in infringing copyright works.Acts of secondary infringementSecondary infringing acts are those of importing, possessing, selling or dealing, providing the means for making copies, permitting the use of premises for an infringing performance and supplying apparatus for an infringing performance. Secondary acts deal with those further down the ‘chain’. Unlike primary infringers, who are strictly liable regardless of their state of knowledge, secondary infringers require knowledge of infringement. Copyright owners can prevent importation of infringing copies by writing to HMRC. If infringement proceedings are contemplated, a claimant should write to the potential defendant, put them on notice and give them time to evaluate the claims made against them. Those in the frame for infringement will bear scrutiny of their evidence adduced on independent effort and creativity at the disclosure stage of the court action. There is no statutory provision that would restrain threats of copyright infringement being made but practitioners should beware bundling claims...

Court jurisdiction and intellectual property [Archived]

Court jurisdiction and intellectual property [Archived] ARCHIVED: This Practice Note has been archived and is no longer maintained. It covers jurisdiction issues that can arise in IP cases in the UK, with a particular focus on the jurisdiction regime in the EU, and the interpretation of Regulation (EC) 44/2001 (Brussels I) and Regulation (EU) 1215/2012 (Brussels I (recast)). It also covers court jurisdiction in the UK. It sets out the position in relation to patents, trade marks, copyright and design rights, with links to more specialist notes in those areas of IP where appropriate. This Practice Note introduces concepts relating to jurisdiction only (not applicable law). IP rights are protected on a national or regional territorial basis, but the nature of the subject matter underlying IP (eg inventions, written works, etc) allows in the internet age, almost instantaneous cross-border movement. Determining whether the English court has jurisdiction over an IP infringement action brought before it is therefore a complex issue. General principles IP infringement may involve considerations of...

View the related q&as about Secondary infringement

Manufacturer/sales distributor (A) with UK/EU design registrations and marketing rights worldwide demands a UK reseller of similar products (B) to cease and desist from infringing A’s IP rights and requests other remedies including details of B’s manufacturers, suppliers and distributors. What defences and solutions are open to B, an unintentional infringer, if it saw design product similarities but understood the non-EU manufacturer had all necessary permissions, rights, licences, etc to manufacture the goods B bought ‘off the peg’ for resale?

Manufacturer/sales distributor (A) with UK/EU design registrations and marketing rights worldwide demands a UK reseller of similar products (B) to cease and desist from infringing A’s IP rights and requests other remedies including details of B’s manufacturers, suppliers and distributors. What defences and solutions are open to B, an unintentional infringer, if it saw design product similarities but understood the non-EU manufacturer had all necessary permissions, rights, licences, etc to manufacture the goods B bought ‘off the peg’ for resale? This Q&A assumes that B’s reselling activities are limited to the UK. UK Registered Design Rights The putting on the market, importing and/or using of a product incorporating a design which does not differ in its overall impression from a UK Registered Design will, absent any defence, infringe a UK Registered Design (sections 7 and 7A of the Registered Designs Act 1949 (RDA 1949)). All remedies available for infringement of other IP rights are available to Registered Designs. In proceedings for infringement of a UK Registered Design, ...

What are the requirements for establishing secondary infringement of UK unregistered design right and what practical steps can practitioners take when seeking to prove that an act of secondary infringement has taken place?

What are the requirements for establishing secondary infringement of UK unregistered design right and what practical steps can practitioners take when seeking to prove that an act of secondary infringement has taken place? Infringement of UK unregistered design right (UDR) requires proof of subsistence or validity of the UDR and proof of copying. Requirements for a valid UDR An unregistered design right (UDR) is a property right which exists in the design of the shape or configuration of the whole or part of an article (section 213(1)–(2) of the Copyright, Designs and Patents Act 1988 (CDPA 1988)). For a UDR to subsist, a design must be original, in the sense that it must not have been copied and it must also not be commonplace in the field of design at the time of its creation (CDPA 1988, s 213(1) and (4)). The test that a design must be original and not commonplace is not a high bar. In Action Storage Systems Ltd v G-Force Europe.Com...

View the related News about Secondary infringement

Court of Justice rules on communication to the public for TVs in short-term lets (GEMA v GL)

IP analysis: The court held that a landlord who lets out short term apartments in an apartment block, where each apartment includes its own television with an ‘indoor antenna’, is infringing copyright by communicating every single broadcast those televisions receive to the tenants. Written by Phillip Johnson, professor of Commercial Law, Cardiff University and barrister, PackingtonIP.

Court of Appeal guidance on unjustified threats due to IP complaints filed with online market place (NOCO Company v Shenzhen Carku Technology Co Ltd)

IP analysis: Following the first instance decision Shenzhen Carku v NOCO (discussed in our previous Case Analysis ‘Unjustified threats—communications to IP complaints portal of an online retailer for patent infringement’), NOCO appealed on the legal point that their complaints filed with Amazon according to ‘Amazon Intellectual Property Policy’ did not amount to a threat of infringement proceedings. Despite the fact that the Amazon policy for handling IP complaints may be regarded as an alternative dispute resolution process, the Court of Appeal emphasised that the statutory question pertains to whether a reasonable person in the position of Amazon who receives the complaint would consider it as a threat (whether to Amazon or ‘another person’). Taking account of the circumstances of the case, including NOKO’s additional request in the complaint to delist the impugned products even before any investigation, the Court of Appeal concluded that the complaint was, at the very least, a ‘veiled threat’. Written by Nigel Lee, associate, patent attorney, and Jonathan Jackson, partner, patent attorney, at D Young &...