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The Donner case and the “target country” principle

“A generalised principle of the “targeted” country might well become a recognised point of attachment in copyright conflicts of laws, at least in cases where such target jurisdictions can clearly be identified.”

The distribution of industrial products protected by copyright law can amount to a criminal offence as a violation of the distribution right. In CJEU, 21 June 2012, case C 5/11 (Donner), the CJEU clarified the interface between European law and national criminal sanctions in case such products are protected in the country of export but not in the originating country. The CJEU took the view that European legislation does not stand in the way of applying criminal law provisions c [...]

UK: Future v. Edge (High Court Chancery Division), 13 june 2011

Edge LogoUK: Future Publishing Ltd v. Edge Interactive Media Inc., High Court Chancery Division, 13 June 2011.

Copyright in logo: US companies involved in the business of computer games had infringed copyright in the logo of a computer gaming magazine (“EDGE”), by using it on letterhead, website and games. The Court found the logo sufficiently original to qualify for copyright protection. Defendant’s use amounted to copyright infringement, passing-off and breach of a trading agreement with the publisher of the magazine. (Stavroula Karapapa &  Maurizio Borghi, Brunel University).

For the full text of this case click here.

A summary of this case will be posted on www.KluwerIPCases.com soon.

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