Copyright Aid

Hello,

In cases of secondary distribution, is it possible when making a claim, to claim for both damages attributed to the distribution to others (s.16 & s.20) and also for flagrancy s.97 (2) please?

I see this as entirely reckless.


Many Thanks
Helen

Hi Helen,

Yes you can, if you you think there are sufficient grounds, add a claim under section 97 (2) to a straightforward claim of infringement. Obviously you will need to state and be able to substantiate your grounds for the flagrancy claim. In the past, claims of this sort were frequently pinned on the provisions of the EU IP Enforcement Directive, (Articles 2(2) and 13) but as that Directive is no longer retained law in the UK, that avenue is no longer available to you. At best, you may have to rely on the much watered down version of the Directive to be found in the Intellectual Property (Enforcement, etc.) Regulations 2006 (SI 2006/1028).