The October IPR Clinic - IPR Infringement and Apps

IPR and Apps with Dynamic Search Engine Functionality - and the potential liability for the infringement of third-party copyrights and trade marks?

The first of the group's clinics is to be held in Lamb Chambers on the 28 October 2015 - and will look as the increasingly pressing problem of the potential liability for infringement of third-party rights by Apps which function as dynamic search engines - where there is no filtering of content that may infringe third party copyrights and trade marks and (potentially) image rights? Can the App developer simply rely on a combination of Article 15 of the e-Commerce Directive (to avoid liability for primary infringement) and turning a blind eye to the potential for infringement (to avoid liability for secondary infringement), or, does the law provide the means for the owners of the infringed copyrights and trade marks to fight back against the App developers? And if not - why not? If time permits a little consideration will also be given to the role of advertisers who essentially sponsor - at arm's length, of course - websites that compile and make available copyright infringing material that the Apps can then link to.

If you have any particular issues in relation to this topic please drop me a line before the event and I will try to deal with them in the clinic

I look forward to seeing as many of you in Chambers on the 28 October as can make it - the clinic will begin around 6.30 pm. There will be the usual drinks and nibbles afterwards; once the serious talking is done!

Tim Sampson