Podcast Location:
Download it here [file size: 31.2 MB]
Categories:
Intellectual Property Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at practitioners interested in how new media and the digital age presents challenges for the enforcement of intellectual property rights. It looks at the issues raised by cross-border infringement before outlining the primary rules under the Jurisdiction and Judgments Regulation. The podcast also examines the pivotal cases in this area of the law. Finally it outlines whether there is cross-border co-operation in the field of copyright infringement on the internet.

Outcomes:
After completing the course you will:
  • Understand the issues that arise with cross-border IP infringement;
  • Know the primary rules contained within the Jurisdiction and Judgments Regulation;
  • Understand the jurisdictional problems with cross-border infringement;
  • Understand infringement in the context of websites;
  • Examine the function of ‘Google AdWords’ when establishing jurisdiction in relation to cross-border infringement claims.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Sources and References:
  • Anti-counterfeiting Trade Agreement;
  • Jurisdiction and Judgments Regulation (EC) No 44/2001;
  • Bier BV v Mines de Potasse d’Alsace (C-21/76); [1976] ECR 1735;
  • E-Date Advertising GmbH v X and Olivier Martinez and Robert Martinez v MGN Ltd (C-509/09 and C-161/10);
  • Football Dataco Ltd & Ors v Sportsradar GmbH [2012] EWHC 1185 (Ch);
  • Gareth Pearce v Over Arup Partnership Ltd & Ors [2006] 1 WLR 18;
  • Golden Eye v Telefonica (O2 Case) [2012] EWHC 723 (Ch);
  • L’Oreal v eBay [2012] E.M.L.R. 6;
  • Lucasfilm v Ainsworth [2011] UKSC 39;
  • Matinez v MGN Ltd [2012] E.M.L.R. 12;
  • Media CAT Ltd v Adams & Ors [2011] EWPCC 6;
  • Owusu v Jackson [2005] 2 WLR 942;
  • Wintersteiger AG v Products 4U Sondermaschinenbau GmbH (Case C-523/10); [2012] WLR (D) 117.

In this podcast Guy Tritton from Hogarth Chambers looks at intellectual property in the digital environment. He focuses on cross-border IP infringement and the jurisdictional issues that arise in relation to infringement claims. The podcast also explores cross-border co-operation in the field of copyright infringement on the internet.

Date Recorded: 8th October 2012

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