Mar 21 2024 min read

Samsung v Swatch: the UK Court of Appeal departs from the EU approach to the E-Commerce Directive ‘safe harbour defence’

There is a lot of discussion about the UK courts’ approach to IP law post-Brexit, after REULA came into force (UK legislation marking the end of the supremacy of EU law).  A Court of Appeal decision provides insight into the legal obligations and responsibilities of e-commerce platform owners.

There is a lot of online discussion about the UK courts’ approach to IP law post-Brexit, and many blog posts have examined decisions handed down shortly before the coming into force of REULA on 1 January 2024. This is the UK legislation marking the end of the supremacy of EU law in the UK.  A further Court of Appeal decision from the end of last year provides insight into the UK Court of Appeal’s views on the legal obligations and responsibilities of e-commerce platform owners, and marks a divergence from the EU’s approach.

Richard Ferguson explains more in an article for the Wolters Kluwer Trade Mark Blog. You can read the full article here.

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