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Reports of Patent, Design and Trade Mark Cases 2005 122(4-5):152-168; doi:10.1093/rpc/2005rpc8
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© Crown Copyright

[2005] R.P.C. 8

PHONOGRAPHIC PERFORMANCE LTD v DEPARTMENT OF TRADE AND INDUSTRY

High Court of Justice (Chancery Division)

(Sir Andrew Morritt V.C.): July 7, 8 and 23, 20041

[2004] EWHC 1795 (Ch); [2005] R.P.C. 8

Copyright—Sound recordings—Statutory exceptions to infringement—Whether exceptions compatible with Council Directive 92/100—Whether United Kingdom government in breach of obligation to implement Directive—Date for implementation of Directive July 1, 1994—Whether cause of action barred by limitation—Whether bringing action an abuse of process—Whether proceedings should have been brought by way of judicial review.

Key Words: Abuse of process • Breach of statutory duty • Copyright • Directives • Infringing copies • Limitation periods • Performing rights • Phonographic Performance Ltd

1 Paragraph numbers in this judgment are as assigned by the court.


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