Who Owns the Copyright in my Website? – Zenith Chambers

Posted August 14th, 2014 in artistic works, copyright, intellectual property, internet, news by sally

‘“I have paid a developer handsomely for my company’s website so my company owns the Copyright? Right?” Well, not exactly.

The question itself is predicated on a totally incorrect assumption of legal principle of their being a single copyright pertaining to a single site. When considered carefully, a website may consist of a large number of separate elements including music (or jingles), text, photographs, the font of the characters making up the site, colours, style, “look and feel”, language, sequence in which the web pages appear, forms, drawings and designs, and not forgetting the domain name itself. Each and every-one of those features attracts its own copyright and a website might therefore be correctly regarded as a ‘bundle’ of different rights protected separately by copyright law. How does this work? Let us begin by considering any music appearing on the website.’

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Zenith Chambers, 12th August 2014

Source: www.zenithchambers.co.uk

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Copyright in the modern world: a load of monkey business? – Technology Law Update

‘The application of intellectual property law in our modern age is fraught with complexities. As societies and technologies develop, situations invariably arise that the drafters of legislation had perhaps not considered.’

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Technology Law Update, 8th August 2014

Source: www.technology-law-blog.co.uk

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Ifejika v Ifejika – another case about design rights and contact lenses – NIPC Law

Posted August 4th, 2014 in appeals, damages, intellectual property, news by sally

‘In Ifejika v Ifejika and another [2011] EWPCC 31 (23 Nov 2011) His Honour Judge Birss QC (as he then was) ordered among other things an inquiry (or alternatively, by implication, an account) in relation to a lens care product the design rights in which he held to have been infringed by the claimant’s brother by of a competing product. The claimant elected an account of profits and this came on before HH Judge Hacon on 17 June 2014 (Ifejika v Ifejika and another [2014] EWHC 2625 (IPEC) (31 July 2014)).’

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NIPC Law, 3rd August 2014

Source: www.nipclaw.blogspot.co.uk

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Supreme Court calls time on Greek yoghurt food fight – The Lawyer

Posted July 31st, 2014 in appeals, costs, food, injunctions, intellectual property, news, Supreme Court by michael

‘The Supreme Court has sided with the makers of Total yoghurt, Fage, in refusing US rival Chobani permission to appeal the definition of Greek yoghurt.’

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The Lawyer, 30th July 2014

Source: www.thelawyer.com

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Private copying exception plans face possible legal action following parliamentary sign off – OUT-LAW.com

‘New rights to make private copies of copyrighted works, make free use of copyrighted material in works of parody and quote extracts from copyright protected books, audio and video content will be introduced into UK law from October.’

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OUT-LAW.co, 30th July 2014

Source: www.out-law.com

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Digital Economy Act copyright regime shelved by UK government – OUT-LAW.com

Posted July 24th, 2014 in copyright, enforcement, intellectual property, internet, news by sally

‘Work on a new online copyright enforcement regime under the Digital Economy Act (DEA) has been shelved now that rights holders and internet service providers (ISPs) have voluntarily agreed a framework for educating alleged infringers about the harm of piracy, the UK government has confirmed.’

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OUT-LAW.com, 24th July 2014

Source: www.out-law.com

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Culture of the Public Domain – A Good Thing? – UCL

Posted July 1st, 2014 in copyright, intellectual property, internet, speeches by sally

‘Speakers: Professor Hugh Hansen, Fordham Law School.’

Video

UCL, 25th June 2014

Source: www.ucl.ac.uk

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Karen Millen Fashions Ltd v Dunnes Stores and others – WLR Daily

Karen Millen Fashions Ltd v Dunnes Stores and others (Case C-345/13); ECLI:EU:C:2014:2013; [2014] WLR (D) 273

‘Article 6 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs meant that, in order for a design to be considered to have individual character, the overall impression which that design produced on the informed user had to be different from that produced on such a user, not by a combination of features taken in isolation and drawn from a number of earlier designs, but by one or more earlier designs, taken individually. Article 85(2) meant that, in order for a Community design court to treat an unregistered Community design as valid, the right holder of that design was not required to prove that it had individual character within the meaning of article 6, but need only indicate what constituted the individual character of that design, ie, indicated what, in his view, were the element or elements of the design concerned which gave it its individual character.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

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Oberbank AG v Deutscher Sparkassen-und Giroverband eV; Banco Santander SA and another v Same – WLR Daily

Posted June 24th, 2014 in banking, EC law, intellectual property, law reports, trade marks by sally

Oberbank AG v Deutscher Sparkassen-und Giroverband eV; Banco Santander SA and another v Same (Joined Cases C-217/13 and C-218/13); ECLI:EU:C:2014:2012; [2014] WLR (D) 274

‘Article 3(1) and (3) of Parliament and Council Directive 2008/95/EC of 22 October 2008 to approximate the laws of the member states relating to trade marks precluded an interpretation of national law according to which, in the context of proceedings raising the question whether a contourless colour mark had acquired a distinctive character through use, it was necessary in every case that a consumer survey indicated a degree of recognition of at least 70%.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

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Researchers given ‘data mining’ right under new UK copyright laws – OUT-LAW.com

‘Copying content from online journals or other texts for the purposes of non-commercial research is no longer an infringement of UK copyright laws providing copiers have lawful access to that content and they, generally, make “a sufficient acknowledgement” of the original work.’

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OUT-LAW.com, 2nd June 2014

Source: www.out-law.com

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Man behind Newzbin operations found liable for copyright infringement on the sites – OUT-LAW.com

Posted May 27th, 2014 in conspiracy, copyright, fraud, intellectual property, internet, news by sally

‘The High Court has found a man liable for copyright infringement carried out on the file sharing Newzbin websites and ruled that he also part of a conspiracy to infringe copyrights and defraud film studios.’

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OUT-LAW.com, 23rd May 2014

Source: www.out-law.com

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Intellectual Property Act 2014

Posted May 15th, 2014 in intellectual property, legislation, patents by tracey

Intellectual Property Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

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Law Society urges people to leave instructions for their digital legacy – The Guardian

Posted April 17th, 2014 in intellectual property, internet, Law Society, news, wills by tracey

‘Solicitors organisation warns that too much valuable, intellectual property is in danger of being lost when we die.’

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The Guardian, 16th April 2014

Source: www.guardian.co.uk

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Intellectual property law – achieving a balance between the right to enforce and protecting innovation – Law Commission

‘Patents, trade marks and design rights are valuable intellectual property (IP) rights and vital to economic growth. They ensure that research and innovation is encouraged and rewarded. And, for some small businesses, they can represent their most significant assets. The law provides effective ways to enforce IP rights but these can be misused to drive competitors from the market. In a report published today, the Law Commission is recommending reforms that will allow individuals and businesses to protect their IP rights but not at the expense of new ideas and inventions.’

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Law Commission, 15th April 2014

Source: www.justice.gov.uk/lawcommission

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Intellectual Property in the UK and Europe – Speech by Lord Neuberger

Posted April 14th, 2014 in EC law, intellectual property, news, patents, trade marks by sally

Intellectual Property in the UK and Europe (PDF)

Speech by Lord Neuberger

Burrell Lecture for the Competition Law, 1st April 2014

Source: www.supremecourt.uk

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“The Only Girl in the World”: the Rihanna judgment and the protection of ‘image rights’ in English law – Sports Law Bulletin from Blackstone Chambers

Posted March 10th, 2014 in intellectual property, media, news, photography, sport, trade marks by sally

‘Despite the evident commercial value in the ‘image’ of modern sports personalities (indeed there are annual awards held by the BBC to identify the most noteworthy) there is no specific right to protect one’s image under English law. Relying on a cocktail of different causes of action and legal rights, English law offers some protections to a person whose ‘image’ is exploited for commercial reasons. The ingredients include: copyright and trademarks, the torts of defamation, breach of confidence, passing-off as well potentially through statutory rules ensuring data protection.’

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Sports Law Bulletin from Blackstone Chambers, 7th March 2014

Source: www.sportslawbulletin.org

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Registered Community Designs: Magmatic Ltd v PMS International Ltd – NIPC Law

Posted March 5th, 2014 in appeals, intellectual property, interpretation, news, trade marks by sally

‘In Magmatic Ltd v PMS International Ltd [2013] EWHC 1925 (Pat) (11 July 2013) Mr Justice Arnold held that PMS International Ltd (“PMS”) had infringed registered Community design number 43427-0001 (“the RCD”), some of Magmatic Ltd (“Magmatic”)’s design rights and Magmatic’s literary copyright in its safety notice. Magmatic appealed to the Court of Appeal on the grounds that the judge fell into error in finding infringement of the RCD in that he had wrongly interpreted the RCD and improperly excluded from his consideration various aspects of the design of Magimax’s product. In Magmatic Ltd v PMS International Ltd [2014] EWCA Civ 181 (28 Feb 2014) the Court of Appeal (Lords Justices Moses and Kitchin and Lady Justice Black) allowed the appeal.’

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NIPC Law, 4th March 2014

Source: www.nicplaw.blogspot.co.uk

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Trade Marks: British Shorinji Kempo Federation v Shorinji Kempo Unity – NIPC Law

Posted March 3rd, 2014 in appeals, consent, intellectual property, news, trade marks by sally

‘Two interesting points arose in British Shorinji Kempo Federation v Shorinji Kempo Unity [2014] EWHC 285 (Ch) (17 Feb 2014) in which my colleague Thomas Dillon appeared for the British Shorinji Kempo Foundation (“BSKF”) on a pro bono basis. The first was what constitutes genuine use for the purpose of s.6A of the Trade Marks Act 1994. The second was the methodology by which the judge determined whether the mark that had BSKF sought to register was similar to one that had previously been registered by Shorinji Kempo Unity (“SKU”) and if so whether there was any likelihood of confusion for the purposes of s.5 (2) of the Act.’

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NIPC Law, 24th February 2014

Source: www.nipclaw.blogspot.co.uk

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SPCs – unhealthy combinations of new cases – Technology Law Update

Posted February 27th, 2014 in intellectual property, medicines, news, patents by sally

‘The Supplementary Protection Certificate. A marvellous little device for giving back to a patent owner the lost years during which it has been obtaining regulatory approval for its products in those heavily regulated areas: pharmaceuticals and plant protection products. You simply extend the patent by the number of years that the product has spent caught up in the approval process, and there you are. A gain of up to five valuable years on the end of your patent in the prime of the product’s life.’

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Technology Law Update, 26th February 2014

Source: www.technology-law-blog.co.uk

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Food for thought: is an unauthorised photo of your restaurant meal an IP breach? – Legal Week

Posted February 19th, 2014 in consent, food, intellectual property, internet, misrepresentation, news, photography by sally

‘I do it. My friends do it. And I suspect that you’ve occasionally done it. It is what is colloquially referred to as ‘food porn’ – the salivating over restaurant menus online in preparation for a meal and then, depending on your social media connectedness, the Instagram shot of what you are about to devour.

One would think the broadcasting of delicious delicacies by diners would be welcomed by chefs and restaurateurs as free advertising of their wares. Not so. France TV Info reports that Gilles Goujon, who operates a three-starred restaurant called L’Auberge du vieux Puits in the south of France declares that such activities are not only poor etiquette (fair enough) but, when his dishes appear online, it takes away “a little bit of my intellectual property”. The BBC reports that another chef in La Madelaine-sous-Montreuil in the north of France has also inserted a ‘no camera’ provision on his menus.’

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Legal Week, 18th February 2014

Source: www.legalweek.co.uk

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