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Part A Jurisdiction, 4 Infringement: Preliminary Matters

From: Intellectual Property and Private International Law (3rd Edition)

Paul L. C. Torremans

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Applicable law — Jurisdiction

This chapter focuses on the notion of infringement. It elaborates on the essence of what constitutes patent infringement according to section 60 of the Patents Act 1977. The obvious infringement case occurs when a sign identical to a registered trade mark is used without the authorization of the trade mark owner in relation to goods or services. The chapter also considers the provisions for copyright and designs based on the Copyright, Designs and Patents Act 1988 and the special system for database protection introduced by the European Union’s Database Directive. It details the elements of the tort of infringement, which is mostly viewed as a wrongful act, and consequent damage.

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