This month’s IP and IT Briefing features two decisions in criminal copyright infringement cases.
The first is a decision of the CJEU (Case C‑572/17 Imran Syed [ECLI:EU:C:2018:1033]), which addresses whether storage of copyright-infringing goods constitutes an infringement of the copyright owner’s distribution right. The court ruled that it may do so, but that national courts have to assess where the goods are intended to be sold, taking into account all relevant factors.
The second, a judgment of the Court of Appeal 9 Phonographic Performance Ltd v Ellis (t/a Bla Bla Bar)  EWCA Civ 2812), concerns additional damages for flagrant copyright infringement. In particular, it reviews the first instance finding that a court should not fine a contemnor at the same time as imposing a suspended custodial sentence.
Also in this month’s briefing is a summary of the Court of Appeal’s judgment in Cadbury UK Ltd v The Comptroller General of Patents Designs And Trade Marks  EWCA Civ 2715. This case involves issues concerning colour and series marks arising out of Cadbury’s attempt to amend a UK trade mark registration for the colour purple.
The Brexit update covers the CJEU judgment finding that the UK can revoke Article 50 and its potential implications for the UPC; draft statutory instruments covering patents, trade marks and exhaustion of rights; an amendment designed to keep the UK in the EUIPO; and a new IP minister.
The IP/IT Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.