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Articles by Ben Buray
Court of Appeal upholds ruling that Samsung is liable for trade mark infringement on third party developed apps
Introduction In Montres Breguet SA & Ors v Samsung Electronics Co Ltd & Anor (Rev1)[1], the Court of Appeal provided useful guidance for brand owners and app store operators on the circumstances in which an app store operator may itself be found liable for trade mark infringement as a primary tortfeasor.
Court of Appeal clarifies "fixation" requirement in copyright law
Introduction Facts High Court decision Court of Appeal decision Comment Introduction In July, the Court of Appeal handed down its judgment in an appeal of an earlier High Court decision refusing permission for Dr Craig Steven Wright – who claims to be the creator of the bitcoin system – to proceed with a claim for copyright infringement in respect of the "bitcoin file format" (ie, the file format used to create blocks on the bitcoin blockchain).
High Court finds no copyright protection in bitcoin file format Original
Introduction Facts Background Decision Comment Introduction The recent High Court judgment in Wright & Ors v BTC Core & Ors(1) considered whether copyright could subsist in what was termed in the proceedings as the "bitcoin file format" (ie, the file format used to create blocks on the bitcoin blockchain). A key focus for the English courts when assessing whether copyright subsists in file formats has been the requirement of "fixation" of the work.
Is the UK targeted? High Court clarifies approach to IP infringements on internet platforms
Introduction Facts Decision Comment Introduction The judgment in Entertainment One UK Ltd & Anor v Sconnect Co Ltd & Ors(1) considered a highly relevant question in the modern digital age: are the English courts the appropriate forum to decide on a dispute involving alleged IP infringements on globally accessible internet platforms and websites?
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