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Law Cases
Intellectual Property Law Cases
Copyright 3: Infringement Cases

Ashdown v Telegraph Group [2002] RPC 235

Country:
United Kingdom
By Oxbridge Law Team
Public Interest
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  • Defendant also claimed that publication of memorandum was in public interest, and that this defence had to be interpreted in light of ECHR Article 10 (right to freedom of expression).

  • Held:

Public Interest

  • Definition of public interest defence in Hyde Park Residence was TOO NARROW.

    • I.e. in that it confined test to where there had been serious wrongdoing on behalf of Claimant

  • Rather the circumstances are “not capable of precise categorisation or definition”

  • Public interest defence should be interpreted broadly in light of Article 10 ECHR.

  • Thus public interest in right to freedom of expression may trump copyright

    • However such instances will be “rare”.

  • Also read further on Freedom of Expression (Article 10 ECHR)

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