The following IP practice note provides comprehensive and up to date legal information covering:
This year’s annual round-up reviews some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes the new copyright infringement and webmarking provisions of the Digital Economy Act 2017, reforms to the EU Trade Mark Regulation, the Supreme Court judgment on patent infringement in Actavis v Eli Lilly, the new threats provisions introduced by the Intellectual Property (Unjustified Threats) Act 2017 and the launch of the Business and Property Courts—which includes an intellectual property list. Also included are updates on LexisNexis®’s content, including newsworthy developments from the past year and what is coming up in the next 12 months.
Some provisions of the Digital Economy Act 2017 (DEA 2017) relating to copyright infringement came into force on 1 October 2017 and in relation to the repeal of section 52 of the Copyright, Designs and Patents Act 1988 (CDPA 1988) on 28 July 2016, the ‘sell period’ ended on 28 January 2017. The Court of Justice also handed down judgment in Stichting Brein v Ziggo BV, XS4ALL Internet BV, Case C-610/15.
DEA 2017, s 32 increases the maximum sentence for online copyright infringement and infringement of a performer’s making available right under CDPA 1988 from two to ten years, bringing them in line with the sentence for physical goods. The offence provisions are
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The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
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