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Article

Herbert Smith Freehills LLP | United Kingdom, European Union | 18 Jul 2016

Brands force ISPs to block sites selling infringing goods and counterfeits

The Court of Appeal has confirmed that the English courts have jurisdiction to make blocking orders against internet service providers ("ISPs") in

Article

Herbert Smith Freehills LLP | United Kingdom, European Union | 23 Oct 2012

Databases hosted outside the UK can infringe rights in UK databases

In Football Dataco v Sportradar (C-17311) the Court of Justice of the European Union (CJEU) has held that where data has been uploaded from a database in Member State A which is protected by sui generis database right and sent to the computer of a person in Member State B at that person's request, for the purposes of storage in that computer's memory and display on its screen, this constitutes an act of "re-utilisation" of the data by the person sending it

Article

Herbert Smith Freehills LLP | European Union | 13 Jul 2011

L'oréal v eBay a warning to online marketplace operators

The Court of Justice of the European Union ('CJEU') has provided clarification on the liability of companies operating internet marketplaces for trade mark infringement committed by users, holding that, in certain circumstances, the operator can be liable for trade mark infringement as a result of the postings of its users.

Article

Herbert Smith Freehills LLP | United Kingdom | 3 May 2011

Judicial review of the Digital Economy Act 2010 upholds online infringement provisions but lets ISPs off the hook on costs

On an application for judicial review of the Digital Economy Act 2010 ("DEA") brought by BT and TalkTalk, the High Court has held that the DEA's provisions on online infringement, which oblige ISPs to assist in identifying copyright infringers are compatible with EU law.

Article

Herbert Smith Freehills LLP | United Kingdom | 13 Apr 2010

Digital Economy Act 2010 is now law but its anti-piracy measures are only halfway there

After much controversy and criticism, the Digital Economy bill has now made it into law, having been passed through the legislative 'wash-up' procedure that preceded the dissolution of the Government.

Article

Herbert Smith Freehills LLP | Australia | 10 Feb 2010

Failure of Australian ISP to police illegal file sharing does not amount to the authorising of copyright infringement

The Federal Court of Australia last week dismissed claims against the country's third-largest ISP for authorising copyright infringement in a claim brought by a group of 34 claimants, including many major Hollywood film studios.

Article

Herbert Smith Freehills LLP | United Kingdom | 22 Jun 2009

Parliament to take on piracy for a digital Britain

A consultation paper has been launched on legislation designed to incentivise and unite the regulator, content owners and internet service providers together to reduce illegal peer-to-peer (p2p) file sharing by more than 70.

Article

Herbert Smith Freehills LLP | United Kingdom | 27 May 2009

UK High Court holds that eBay is not liable for trade mark infringements by its users

On 22 May Arnold J handed down the much awaited judgment in L'Oreal v eBay.

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