High Court copyright infringement win

Peter Adediran’s specialist niche area of practice is intellectual property law – both contentious and non-contentious – as it relates to digital works including photographs; text; databases; video; music PAIL Solicitors. Read more on PAIL’s Resource Library

Successful conclusion to High Court website digital product catalogue and text copyright infringement claim November 2018.

Cornices Centre Ltd v (1) Fibrous Plasters Ltd (2) Angelika Zdrojewska (3) Andrzej Olenski IP-2017-000157

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Part 36 Offer of Settlement in the Intellectual Property Enterprise Court (IPEC)?

Peter Adediran’s specialist niche area of practice is copyright, trademark and patent disputes and protection relating to digital media including websites and mobile applications PAIL Solicitors. Read more on PAIL’s Resource Library or keep up with the firm on Facebook.

1. Background

The Intellectual Property Enterprise Court (IPEC) is a specialist list of the Intellectual Property List (Chancery Division) which is meant for small and medium-sized enterprises (SMEs). The idea is to provide quick affordable access to justice for SMEs. The Intellectual Property List includes three sub-lists: Intellectual Property, Patents Court and the IPEC, and is part of the Business and Property Courts of the High Court. A Part 36 offer is the same whether used in intellectual property or any other type of commercial litigation except that there are different costs rules in IPEC. HM Courts & Tribunals Service provide a detailed guide for businesses, and legal practitioners online on how to take a case to IPEC.

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How To Make Effective Use Of Requests for further information – CPR Part 18?

Peter Adediran’s specialist niche area of practice is copyright, trademark and patent disputes and protection relating to digital media including websites and mobile applications PAIL Solicitors. Read more on PAIL’s Resource Library or keep up with the firm on Facebook.

1. What is a Part 18 request for further information?

1.1 A Part 18 requests for further information (RFI) is one of the tools in a litigators armoury in which to advance its claim, defence or counterclaim. It is a procedure in civil litigation used to get a better understanding of the case being made by the party receiving the request. It is called Part 18 RFI because that is the number where you can find the rules for this procedure in the White Book Civil Procedure Rules, the bible for UK litigation practitioners. The White Book is updated every year. You can also find the Civil Procedure Rules online.

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Are directors personally liable for copyright infringement?

The author is a UK qualified and fully licensed current practicing solicitor specialising in intellectual property cases and digital technology. He is currently a Judicial Work Shadow Candidate for the Intellectual Property Tribunal

What is corporate veil?

The general legal rule for copyright infringement liability is that a company is a separate legal person from its directors. Generally, an act of the company is not necessarily an act of its directors personally. This is the case no matter how small the company is or how much the directors micro-manage the affairs of the company. As a separate legal entity, the private limited liability company is solely responsible for its liabilities and debts – the so called “corporate veil principle”.

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Damages for website product catalogues in IPEC cases

IPEC is a court forum designed to make it cheaper faster and simpler to dispense with intellectual property cases for SMEs’. The costs are capped at £50,000.00 and the value of cases are capped at £500,000.00 although this can be waived. Note also that the costs cap of £50,000.00 can be waived where there is a part 36 offer – PPL v Hagan [2016] EWHC 3076 (IPEC) (30 November 2016).

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Copyright infringement on You Tube

The first rule about copyright infringement on You Tube is that copyright infringement on You Tube is not like copyright infringement on other platforms. You Tube has it’s own application of copyright laws. We often get asked by production studios to write contracts for consultants, contractors, clients and so on. These consultants monetise digital channels on You Tube with original content that has been created by the studio for a TV series, or other media channel.

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