INTELLECTUAL PROPOERTY Intellectual Property Law UK



Intellectual Property Law UK

Q1.

The development and establishment in the digital technology and new technology was the one through which the concept of copyright law was introduced. The current era is an era in which everything can be copyright and digitalized and this digitalization can be distributed through clicking a figure click at anytime. The copyright approach has been changed due to the arrival of technology. Previously, stealing of CD from a music store was used to consider as theft, nevertheless, through internet downloading this theft concept has been removed. The cost that is required in reproduction of work has been reduced through interest but this has permits of distribute these reproduction easily and much cheaper. It will be impossible to control reproduction in the digital era. The attempt of harmonizing the copyright by European Community through setting up new standards with the help of last directive known as Information Society Directive in order to control their work with respect to reproductions, communicating to the public through any methods or ways and lastly the distribution.

The purpose of this essay is to evaluate right of reproduction translated by the European Community in order to offer protection to 11 words and through offering protection whether exceptions could be employed consecutively to stabilize the right. The main focus would be on the cases that has been involved in the reproduction right and interpreted by the court. The leading case would be C-5/08 Infopaq International A/S v Danske Dagblades Forening along with the pre and post Infopaq sequentially to encounter the effect this case had in the UK as well as to the European Community.

a) Infopaq International A/S v Danske Dagblades Forening

Infopaq International A/S v Danske Dagblades Forening is a case that is related to the copyright law. Infopaq International was running a business that gathered summaries of the selected articles from the company named Danske Dagblades Forening which was a specialized alliance of Danish daily newspaper. In 2005, they discover that the Infopaq was scanning articles of the newspaper for commercial purpose with no relevant authorization from the holders. Considering this, DDF stated that Infopaq need a relevant authorization and for that they also guided them regarding the procedure. But this thing was rejected by the Infopaq and hence, the Litigation ensued before the Eastern Regional Court claimed that DDF shall be dictated of acknowledging the Infopaq as they were permitted in Denmark for applying their data capture process without any approval either by DDF or any other company.

This action was dismissed by the Regional court and Infopaq plea to the Danish Supreme Court. The Supreme Court remained as a legal authority and requested ECJ for rules the reproduction concept with respect to the meaning of Copyright Directive and its interpretation which comprises of storing and subsequent printing out text paper extract comprising of 11 words. Beside this, the reproduction acts that occurs throughout the process of data capturing like main proceedings issues, meeting the ...