ARTICLE · 30 MAY 2022

Not On My (S)Watch – Samsung Defeated In Court

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Current advances in technology are making it increasingly difficult to distinguish between the physical and digital, making the task of enforcing IPR harder.

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Richard Kempner

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Current advances in technology are making it increasingly difficult to distinguish between the physical and digital, making the task of enforcing IPR harder. One prominent issue is the circumstances by which the tech brands can be held liable for any infringing apps available on their app stores, where third-party independent app developers have created technology that can be used with the various branded technology.

The recent case of Montres Breguet SA & Ors v Samsung Electronics Co. Ltd [2022] EWHC 1127 (Ch) (20 May 2022) (bailii.org) may help shed some light on this, as well offering an insight into the world of protecting IPRs across multiple platforms.

The claim made by Swatch relates to digital watch faces (watch face applications, or "apps") that could be downloaded to Samsung's smartwatches from the Samsung Galaxy App store (the "SGA store"). This case is of a particular importance because it now clarifies (if there was any doubt) that various Appstore

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