A recent decision in the UK Intellectual Property and Enterprise Court (IPEC) provides some helpful guidance on the application of the ‘user principle’ and, more importantly, on the interplay between damages for flagrant infringement under s.97(2) of the Copyright Designs and Patents Act 1988 (CDPA) and damages under Article 13 of the IP Enforcement Directive (Directive 2004/48). The case is Absolute Lofts South West London v Artisan Home Improvements (read the judgment in full.)
Both parties were engaged in roof loft conversions, although geographically they were not competitors. Artisan had admitted to using 21 photographs of loft conversio [...]
What would be the ingredients of a magic formula for better IPR enforcement on the Internet? Has the time come for a horizontal harmonization for notifying and acting on illegal on line content? In a period where the ratification of ACTA is ranked highly in the political agenda of European governments, the European Commission is willing to pose the first bricks for the construction of a more effective policy for IPR enforcement and regulating illegal content. While the outcome cannot be predicted, it can be easily advanced that the task will not be an easy one.
This policy is briefly explained by two new roadmaps (the “Proposal for a Revision of the Directive of Intellectual Property Right [...]