‘An Infringement of IP Rights that is also a Breach of Contract is still an Infringement of IP Rights’

“The distinction between liability in tort and for contractual breach can have various implications, depending upon the jurisdiction. For example, the statute of limitations, the available remedies, the procedural rules or the calculation of the financial compensation, may all differ as between these two heads of liability. A week before Christmas, the Court of Justice of the EU handed down its judgment in IT Development SAS v Free Mobile SAS (case C-666/18) …” (more)

[Peter Ling, The IPKat, 15 January]

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