NIPC Law

  Jane Lambert Intellectual Property Enterprise Cour t (Mr Campbell Forsyth) WaterRower (UK) Ltd v Liking Ltd . [2024] EWHC 2806 (IPEC) At the case management conference in WaterRower (UK) Ltd v Liking Ltd (T/A Topiom) [2022] EWHC 2084 (IPEC) (5 Aug 2022), Liking Ltd ("Liking") applied unsuccessfully to strike out or obtain summary judgment in, a claim against it by WaterRower (UK) Ltd.  ("WaterRower") for infringement of copyright in several of its water resistance rowing machines ("the Works"). WaterRower had alleged that the Works were "works of artistic craftsmanship" within the meaning of s. 4 (1) (c) of the Copyright, Designs and Patents Act 1988 ("CDPA").  Mr David Stone, who heard the application, said: "I have found that the Claimant’s case that the WaterRower is a work of artistic craftsmanship is not 'bound to fail'. I have not reached a concluded view that the WaterRower is a work of artistic craftsmanship -...

Court of Justice of the European Union Author: Tercer Dedicated to the Public CC0 1,0 Source Wikipedia  European Court of Justice Jane Lambert Court of Justice of the European Union  (K. Lenaerts, President, Arabadjiev and Judges Vilaras, von Danwitz, Toader, Biltgen and Lycourgos and Presidents of Chambers, Juhász, Ilešič, Bay Larsen and S. Rodin) Case C-516/17 Beck v Spiegel Online GmbH   :  [2019] EUECJ C-516/17, EU:C:2019:625, ECLI:EU:C:2019:625, [2019] WLR(D) 440 This was a reference under art 267 of the Treaty on the Functioning of the European Union by the Bundersgerichthof (German federal supreme court) on the interpretation of art 5 (3) of  Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10).  It arose in the course of an appeal against an appellate court's decis...

Bond Street Photo Wikipedia In  Cartier International AG and Others v British Sky Broadcasting Ltd and Others   [2014] EWHC 3354 (Ch), [2014] WLR(D) 464 three of the subsidiaries of  Compagnie Financière Richemont SA  applied to Mr Justice Arnold for injunctions against the five largest internet service providers ( "ISPs" ) in the UK in the following terms: "1. In respect of its residential fixed line broadband customers to whose service the system known as … is applied, the … Defendant shall within 15 working days in relation to the initial notification (and thereafter, within 10 working days of receiving any subsequent notification) adopt the following technical means to block or attempt to block access to the Target Websites, their domains and sub-domains and any other IP address or URL notified to the …. Defendant whose sole or predominant purpose is to enable or facilitate access to a Target Website. The technology to be adopted i...

Art 3 (1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society ( "the Information Society Directive" ) required EU member states to "provide authors with the exclusive right to authorise or prohibit any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them." However, art 3 (2) required member states to provide broadcasting organizations only with "the exclusive right to authorise or prohibit the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them." The Directive was implemented in the UK by The Copyright and Related Rights ...