Category Archive: IP

Filmspeler – Sale of “fully-loaded” IPTV boxes and “unlawful use”

By Alastair Mackichan, John Cloke and John Wilks In another welcome decision for content owners and broadcasters, the CJEU has dealt a significant blow to the business models of those individuals looking to profit from the sale of pre-configured media players which provide end-users with hyperlinks to copyright-infringing Internet streams. Share this

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/05/filmspeler-sale-of-fully-loaded-iptv-boxes-and-unlawful-use/

TV Catchup – CJEU gives little air time to retransmission defence

By Alastair Mackichan The Court of Justice of the European Union has put to bed any doubt as to whether section 73 of the Copyright Designs and Patents Act (“CDPA”) is compatible with the EU Copyright Directive. Section 73 provides a defence against copyright infringement for operators of cable platforms in relation to the retransmission …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/03/tv-catchup-cjeu-gives-little-air-time-to-retransmission-defence/

Germany takes steps to tackle fake news

Germany’s Justice Minister has put forward a new draft law calling for social networks to remove slanderous or threatening online postings quickly or face fines of up to 50 million euros ($53.15 million). This announcement comes as no surprise as there have been calls from various quarters for stricter regulation, and some commentators in Germany …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/03/germany-takes-steps-to-tackle-fake-news/

UK: Search engines agree to demote pirate sites in search result listings

By John Wilks and Alastair Mackichan The UK Intellectual Property Office (the “IPO”) announced last month that Google and Bing have agreed to enter into a voluntary code of practice with the UK creative industries (represented by the British Phonographic Industry, the Motion Picture Association and the Alliance for Intellectual Property) (the “Code”). The “Code …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2017/03/uk-search-engines-agree-to-demote-pirate-sites-in-search-result-listings/

Filmspeler – Advocate General applies linking case law to Internet media players

By John Cloke, John Wilks and Alastair Mackichan Hot on the coattails of the CJEU’s ruling in GS Media (see here), the court’s Advocate General has come down hard on the seller of pre-configured media players which give access to pirated content over the Internet, in his advisory opinion in the Filmspeler case delivered last …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/12/filmspeler-advocate-general-applies-linking-case-law-to-internet-media-players/

China: Michael Jordan finally slam dunks his naming rights claim at the Supreme People’s Court

This is a very important decision because it sets a strong judicial precedent for foreign companies seeking to protect their intellectual property rights in China. On 8 December 2016, overturning the lower court decisions against Michael Jordan in a lengthy trademark dispute in China, the Chinese Supreme People’s Court rules that Jordan owns the legal …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/12/michael-jordan-finally-slam-dunks-his-naming-rights-claim/

Think before you link – CJEU confirms that linking to freely available but unauthorised content can infringe copyright

By Rahool Sarjua and John Cloke Following the string of cases on hyperlinking the CJEU has dealt with in recent years, the court has emphatically confirmed in its judgment in GS Media v Sanoma & Ors that hyperlinking to works that have been made available on the Internet without the authorisation of the copyright owner …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/09/think-before-you-link-cjeu-confirms-that-linking-to-freely-available-but-unauthorised-content-can-infringe-copyright/

Brexit and MSE: What next for European trade mark protection in the light of the UK referendum result?

By Ruth Hoy Following the recent referendum result that the UK has voted to leave the EU, a number of our clients are asking what the effect will be on their European Union Trade Mark (“EUTM”) Registrations, whether they will continue to offer protection in the UK, and/or whether they should be contemplating new national UK trade mark filings.  …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/brexit-and-mse-what-next-for-european-trade-mark-protection-in-the-light-of-the-uk-referendum-result/

Brexit and MSE: Post Brexit Trade Models – Norway (EEA)

By Petter Bjerke As part of our “Brexit and MSE” series, today we look at another possible model of a post -Brexit trading relationship between the UK and the EU based on the agreement between the EU and Norway – one of the territories in the European Economic Area. Share this

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/brexit-and-mse-post-brexit-trade-models-norway-eea/

Brexit and MSE: Post Brexit Trade Models – Canada

By Chris Bennett, Stephanie Ovens and Leandra Gupta In the forthcoming days and weeks, we will be publishing regular updates on issues relevant to Brexit. Today we look at one possible model of a post -Brexit trading relationship between the UK and the EU based on the Comprehensive Economic and Trade Agreement (“CETA“) being negotiated …

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Permanent link to this article: http://blogs.dlapiper.com/mediaandsport/2016/07/brexit-and-mse-post-brexit-trade-models-canada/

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