Breach of copyright can cause more than economic damage to the copyright infringer: it can constitute criminal activity.
Recently, a man accused of selling illicit television decoder cards on eBay failed in a judicial review challenge to the granting of a search warrant which led to a police raid on his home.
The man was suspected of trading in Albanian decoder cards, which could be used to view Premier League football matches in breach of licensed broadcasters' rights. The police had obtained a warrant authorising them to seize documents, computers and mobile phones from his home.
The man argued that the police had failed to disclose all relevant information to the magistrates who granted the warrant and that officers had no reasonable belief that there was material at his home which was likely to assist their investigation.
However, the High Court noted that the proceedings had not been launched until 15 months after the warrant was issued. The man had given a 'misleading explanation' for that lengthy delay and the proper administration of justice demanded that his challenge be dismissed. Given his lack of candour, the man could not expect the Court to look favourably upon his application.
The clear value of intellectual property (IP) in a knowledge-based economy has led to the development of a substantial body of law designed to protect the owners of IP from its unauthorised use.
Contact our Corporate and Commercial team for assistance with intellectual property issues on on the number above. Alternatively, fill in our online enquiry form.
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