Infringement in UK Law

Leading Cases
  • C.B.S. Songs Ltd v Amstrad Consumer Electronics Plc
    • House of Lords
    • 12 Mag 1988

    My Lords, I accept that a defendant who procures a breach of copyright is liable jointly and severally with the infringer for the damages suffered by the plaintiff as a result of the infringement. The defendant is a joint infringer; he intends and procures and shares a common design that infringement shall take place. A defendant may procure an infringement by inducement, incitement or persuasion.

  • Interflora Inc. (a company incorporated under the laws of Michigan, United States) and Another v Marks and Spencer Plc
    • Court of Appeal (Civil Division)
    • 05 Nov 2014

    To the contrary, if, having regard to the perceptions and expectations of the average consumer, the court concludes that a significant proportion of the relevant public is likely to be confused such as to warrant the intervention of the court then we believe it may properly find infringement.

  • Mölnlycke A.B. v Procter & Gamble Ltd
    • Court of Appeal (Civil Division)
    • 27 Giu 1991

    Conversely the English court could not entertain a claim for the infringement of a German patent. English patent law as embodied in the Patents Act 1977 is founded on international convention, not just European Community convention, but, subject to certain special provisions of the Act, its application by the English court is a matter of English law.

  • Compass Publishing BV v Compass Logistics Ltd
    • Chancery Division
    • 24 Mar 2004

    It is frequently said by trade mark lawyers that when the proprietor's mark and the defendant's sign have been used in the market place but no confusion has been caused, then there cannot exist a likelihood of confusion under Article 9.1(b) or the equivalent provision in the Trade Marks Act 1994 ("the 1994 Act"), that is to say s. 10(2). In the latter it must consider notional use on a scale where direct competition between the proprietor and the alleged infringer could take place.

  • Hotel Cipriani SRL and Others v Cipriani (Grosvenor Street) Ltd and Others
    • Chancery Division
    • 02 Mar 2010

    In my judgment it follows from the foregoing considerations that it does not constitute bad faith for a party to apply to register a Community trade mark merely because he knows that third parties are using the same mark in relation to identical goods or services, let alone where the third parties are using similar marks and/or are using them in relation to similar goods or services. The applicant may believe that he has a superior right to registration and use of the mark.

  • Synthon BV v Smithkline Beecham Plc (No.2)
    • House of Lords
    • 20 Ott 2005

    If I may summarise the effect of these two well-known statements, the matter relied upon as prior art must disclose subject-matter which, if performed, would necessarily result in an infringement of the patent. That may be because the prior art discloses the same invention. In that case there will be no question that performance of the earlier invention would infringe and usually it will be apparent to someone who is aware of both the prior art and the patent that it will do so.

  • Unilin Beheer BV v Berry Floor NV
    • Court of Appeal (Civil Division)
    • 25 Apr 2007

    Now it is true that in an inquiry as to damages or account of profits the patentee is allowed to claim relief for types of alleged infringement not ruled on by the trial court. This saves the formal issuance of fresh proceedings in respect of these and is permitted as a matter of convenience, see General Tire v Firestone [1975] RPC 203 at p.207).

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Legislation
  • Intellectual Property Act 2014
    • England & Wales
    • 01 Gennaio 2014
    ...... . (2) In section 51 of that Act (copyright infringement: exception for certain designs), in subsection (3), in the definition of "design", omit "any aspect of". . (3) In section 213(4) of that Act ......
  • Consumer Rights Act 2015
    • England & Wales
    • 01 Gennaio 2015
    ...... SCH-5.8 .   . . 8 In this Schedule- . . "Community infringement" has the same meaning as in section 212 of the Enterprise Act 2002;. . . "document" includes information recorded in any form;. . . "enforcement ......
  • The Olympics, Paralympics and London Olympics Association Rights (Infringement Proceedings) Regulations 2010
    • UK Non-devolved
    • 01 Gennaio 2010
  • Data Protection Act 2018
    • UK Non-devolved
    • 01 Gennaio 2018
    ....... (7) The controller must comply with the restrictions. S-81 . Reporting of infringements 81 Reporting of infringements . . (1) Each controller must implement effective mechanisms to encourage the reporting of an infringement of this ......
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Books & Journal Articles
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Law Firm Commentaries
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