Infringement in UK Law

Leading Cases
  • C.B.S. Songs Ltd v Amstrad Consumer Electronics Plc
    • House of Lords
    • 12 Mayo 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 Noviembre 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 Junio 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 Marzo 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 Marzo 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.

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

  • Norwich Pharmacal Company v Commissioners of Customs and Excise
    • House of Lords
    • 26 Junio 1973

    They seem to me to point to a very reasonable principle that if through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrong-doing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers.

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Legislation
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Books & Journal Articles
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Forms
  • Chapter CIRD220230
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . CTA10/S357CC(8) & (9). Head 4. Head 4 is any income payable to the company from an infringement or alleged infringement of the company’s qualifying IP rights held at the time of the infringement or alleged infringement. Head 5. Head 5 is ......
  • Chapter CIPRG2430
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... Property Office has advised that as a matter of intellectual property law, a patent (and by extension an SPC) is territorial and infringement is decided under national legislation. If no patent has been registered in the UK in respect of a product, then no action for patent infringement can ......
  • Chapter IDG53430
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......For the investigation or prosecution of an offence for an unauthorised use of Trade Mark, or any other infringement of the Trade Descriptions Act. Information which can be disclosed. Information relating to infringing articles which has been obtained by HMRC when ......
  • Chapter CAA02050
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......If the checks may result in the detection of an infringement please refer to section CAA02040. ......
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