The Journal of Intellectual Property Law and Practice has published an article by partner Gary Moss about Arnold J’s decision in Golden Eye v Telefonica.
Media CAT v Adams, decided in the PCC, raised the lid on how the Norwich Pharmacal jurisdiction might be open to abuse in the context of alleged infringement of copyright works by persons who might not be familiar with how the law operated and where those against whom disclosure was sought would probably find it easier to provide that disclosure rather than contest the claimants' actions.
Those issues have now been the subject of further consideration by the High Court, albeit with the advantage that the issues were being considered before the Norwich Pharmacal order had been granted rather than after the event as in Media CAT.
This article examines this latest decision and looks at what it might mean for the Norwich Pharmacal jurisdiction in the future.
To read the JIPLP article in full, click here.