Copyright infringement
Copyright infringement

The following IP practice note provides comprehensive and up to date legal information covering:

  • Copyright infringement
  • IP completion day
  • At a glance
  • Types of infringement
  • Principles of infringement—source and similarity
  • Acts of primary infringement
  • Restricted act ‘copying’
  • Copying and computer programs
  • Restricted act ‘issuing’ and exhaustion
  • Concept of first issue or distribution of copies
  • More...

The Copyright, Designs and Patents Act 1988 (CDPA 1988) gives the copyright owner exclusive rights in the UK to carry out various acts in relation to the copyright work. Activities set out in CDPA 1988 carried out by those other than the copyright owner, without permission, may infringe the owner's exclusive rights.

IP completion day

As of 31 January 2020, the UK ceased to be an EU Member State. In accordance with the Withdrawal Agreement, the UK entered a transition or implementation period of 11 months ending on 31 December 2020, during which it continued to be subject to EU law. Following the expiry of the transition period the UK is no longer subject to EU law. For further guidance, see Practice Note: What does IP completion day mean for intellectual property? and Brexit—overview.

Although the UK is no longer subject to EU law, under the Withdrawal Agreement it is subject to so-called ‘retained EU law’ which captures EU-derived rights and legislation that the government has retained and preserved in UK law for legal continuity.

Further, under the Withdrawal Agreement, any principles laid down by, and any decisions of, the European courts before the expiry of the transition period (31 December 2020) will form ‘retained EU case law’. It further provides that questions on the meaning of retained EU law will be determined in UK courts in accordance

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