Most Read Contributor in New Zealand, September 2016
copyright law on peer-to-peer file sharing is
controversial and it's creating some anxiety. But the
prepared and the sensible should find it is business as
usual. This Brief Counsel will tell you what has changed and
what you should do.
People using the Internet for illegal file-sharing (and
let's be clear, this principally means downloading music and
movies without permission or payment) will soon face infringement
notices from copyright holders. ISPs are responsible for
delivering those notices to customers identified by right
Rack up enough notices in the requisite short space of time and
you could be liable for a fine from the Copyright Tribunal.
In an extreme case, you could even have your Internet access
Are businesses included?
Yes, if you have Internet access. That means an employee
using a work computer connected to the Internet to download a
pirated movie could put your business in the gun. And a
problem like this can cost time and money.
So what should I do?
Don't panic. We think the anticipation will be worse
than the experience. Follow this checklist:
If you don't have a business IT policy, get one.
If you do have one, update it to make it clear that:
employee Internet access is for business purposes only
employees are expected to respect copyright and not to engage
in illegal file-sharing, and
employees should ask what constitutes acceptable behaviour if
they are unsure of the rules.
Don't let your IT policy gather dust. Publish it to
employees and discuss the changes with them. The whole
purpose of this new regime is to educate people about
If you receive an infringement notice, take it seriously.
You may be able to challenge the notice, or alternatively, you may
need to educate or discipline the culprit (and advise the Copyright
Tribunal that you have done this).
Do get help if you need it.
The information in this article is for informative purposes
only and should not be relied on as legal advice. Please contact
Chapman Tripp for advice tailored to your situation.
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This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
The Policy stresses on the need for a holistic approach to be taken on legal, administrative, institutional and enforcement issues related to IP.
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