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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 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 • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme Claim preparation and pre-action matters—Precedents • Notice of seizure of infringing copies • Cease and desist letter—IP infringement Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist 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 • Copyright infringement • How to draft a letter of claim in an IP dispute • 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...

Legal protection of databases in the UK

Legal protection of databases in the UK UK databases—scope, Brexit and assimilated law The law protecting databases in the UK has been significantly influenced by EU legislative initiatives, particularly in the two decades before Brexit. Following the UK’s exit from the EU, EU law introduced, or implemented, after 31 December 2020 (IP completion day) is not binding in the UK. For pre-existing EU legislation, a new category of domestic law, retained EU law, was introduced under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), and case law relating to any such retained EU law prior to the end of 2020 continued to have effect in the UK. The European Union (Withdrawal Agreement) Act 2020 made several changes to EU(W)A 2018 and introduced an implementation period beginning on 31 December 2020. During the implementation period, the legal position was frozen, save where actively amended by UK Parliament. UK courts could have regard to, but were no longer bound by, principles laid down or decisions made by the EU courts...

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...

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Intellectual Property cases to watch in 2025

Law360, London: Although 2025 might be a quieter year for UK intellectual property claims, experts are still watching high-profile cases ranging from how ongoing copyright claims over artificial intelligence models play out, to the continued divergence between European and English courts in the year ahead.

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.