Included in this issue: A sigh of relief from providers of free Wi-Fi?; Sounds like copyright infringement; ECJ Rules on repackaging of trade-marked parallel drug imports and more...


A sigh of relief from providers of free Wi-Fi?

  • Business owner provides access to free wi-fi for customers
  • Copyright infringement by a user of the free wi-fi
  • Is the business owner liable to compensate the rights holder?

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Sounds like copyright infringement

  • Claim that a nightclub manager authorised the infringement of copyright by the playing of music without a licence
  • The scope of who can authorise a copyright infringement is wide
  • Important to ensure all necessary licences are in place for any copyright being used

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ECJ Rules on repackaging of trade-marked parallel drug imports

  • Guidance from the ECJ on parallel imports
  • Goods imported from one part of the EU to another
  • When can the importer repackage the goods and re-affix a trade mark to comply with the local market?

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IP licence validly terminated for breach of confidentiality

  • What intellectual property (IP) did each party acquire during the administration of Kemutec Powder Technologies Limited (KPTL)?
  • Was a licensee estopped from disputing a licensor's ownership of IP?
  • Was a licence validly terminated for disclosure of confidential information during the due diligence stage of a corporate acquisition?

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Infusing sense into a dispute between competitors over confidential information

  • Dispute arises when customer uses confidential information relating to the manufacture of infused oils to become a competitor
  • What length of injunction is an appropriate remedy?
  • Guidance provided by the High Court

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Measuring success in a claim for passing off

  • Claim brought in the IPEC for passing off in relation to the shape of measuring cups
  • Claimant asserts rights in the get-up of the product
  • IPEC considers whether a claim for passing off can be brought in relation to the shape of a product alone

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Key contact

Emma Armitage

Emma Armitage

Partner, Dispute Resolution, Intellectual Property
London

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