Proof of consent - The Judge erred in Aga Khan Copyright Case, says Oxford Professor and IP expert - 2011-01-31
Who Must Show Consent in an Intellectual Property Infringement Case? Is the question asked by Oxford Professor and Intellectual Property Expert David Vaver.
Extract: "..a plaintiff who wants to show infringement of any intellectual property right must say that (1) the defendant is doing something only I am entitled to do, and (2) I have not given him any consent to do that. The plaintiff cannot get away with just saying (1) the defendant is doing something only I am entitled to do, but (2) I am not telling him whether I gave him consent or not: he has to tell me whether I did or not. That is neither good sense nor good law."
Professor David Vaver is a member of IP Osgoode, a Professor at Osgoode Hall Law School, an Emeritus Professor at the University of Oxford, an Emeritus Fellow of St. Peter’s College at Oxford and former Director of the Oxford Intellectual Property Research Centre.