Case No. IP-2017-000174

(1) (2) (3) References in this Part to the issue to the public of copies of a work do not include — (a) any subsequent distribution, sale, hiring or loan of copies previously put into circulation (but see section 18A: infringement by rental or lending); [subsection (b) now deleted] (4)References in this Part to the issue of copies of a work include the issue of the original.” 79.Response’s case on primary infringement rested on EWM having issued each of the Visage, Cingo and Bengal Knittex Fabrics to the public within the meaning of ss.16(1)(b) and 18 of the 1988 Act. In closing Mr Harbottle accepted that if the Cingo and Bengal Knittex Fabrics were infringing fabrics, EWM had infringed by issuing them to the public. I take this to be a concession that the sales by Cingo and Bengal Knittex to EWM took place outside the EEA, so that first sale of the infringing fabrics within the EEA and thus the issue of those fabrics to the public must have been by EWM. 80.Mr Harbottle submitted that this was not the case in respect of the Visage Fabric: Visage had issued its copies of the Wave Fabric to the public in the course of sales to EWM since those sales were the acts that had put the Visage copies of the Wave Fabric into circulation in the UK. It was irrelevant that the copies were then sold and thus made available to the public in the usual sense of the term by EWM. 81.82.