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Article

Herbert Smith Freehills LLP | European Union | 23 Apr 2014

CJEU ruling in Hi Hotel parties can be sued for copyright infringement in courts of member states in which they did not act

The Court of Justice of the European Union (CJEU) has confirmed that the special jurisdiction rule in Article 5(3) of Regulation 442001 (the

Article

Herbert Smith Freehills LLP | European Union | 28 Jun 2013

Pinckney v Mediatech jurisdiction issues in online copyright infringement cases

Advocate General Niilo Jääskinen ("AG") on 13 June 2013 issued a non-binding opinion in Pinckney v Mediatech on questions relating to

Article

Herbert Smith Freehills LLP | United Kingdom | 17 Aug 2011

The Supreme Court strikes back

In its first intellectual property decision, the Supreme Court of the United Kingdom has confirmed that, provided there is a basis for personal jurisdiction over a defendant, the English courts have jurisdiction to try a claim for infringement of foreign intellectual property rights.

Article

Herbert Smith Freehills LLP | United Kingdom | 2 Aug 2011

Court of Appeal confirms that copyright can subsist in headlines and that receipt of article extracts and use of hyperlinks can infringe

The Court of Appeal has dismissed the Public Relations Consultants Association (PRCA)'s appeal against the decision of Mrs Justice Proudman in the High Court and the PRCA's claims that its use of a media monitoring organisation service (Meltwater News) should not require separate licensing from the newspaper copyright collecting society, the Newspaper Licensing Agency (NLA) (NLA v Meltwater and PRCA 2011 EWCA Civ 890).

Article

Herbert Smith Freehills LLP | United Kingdom | 30 Nov 2010

Hyperlinks and headlines infringe holds High Court in online news service case

In a decision of Mrs Justice Proudman on Friday, the NLA has succeeded in its claim that recipients of media monitoring services (such as that provided by Meltwater) need a licence from the NLA for such receipt and that receipt of, and access to, such news services would otherwise be an infringement of copyright (NLA v Meltwater 2010 EWHC 3099, 26 November 2010).

Article

Herbert Smith Freehills LLP | Bulgaria, European Union | 16 Mar 2009

ECJ provides further guidance on infringement of the database right

The Court of Justice of the European Communities has delivered its judgment in Case C-54507, Apis-Hristovich EOOD v Lakorda AD, following a reference from the Sofia City Court in Bulgaria.

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