Ukulele Wars: The Ukulele Orchestra of Great Britain v Clausen – NIPC Law

Posted August 6th, 2015 in EC law, intellectual property, news, striking out, trade marks by sally

‘Although Judge Hacon’s decision in The Ukulele Orchestra of Great Britain v Clausen and Another [2015] EWHC 1772 (IPEC) was reported as a “victory” in the Independent (The Ukulele Orchestra of Great Britain wins duel with German ‘copycat’ 3 July 2015) it was somewhat of the pyrrhic kind. The Ukulele Orchestra of Great Britain sued The United Kingdom Ukulele Orchestra for trade mark infringement, copyright infringement and passing off and applied to strike out the defence on the grounds of abuse of process less than two weeks before the trial. The claim succeeded on passing off but failed on all other counts. The claimants lost their Community trade mark and the judge saw no merit in the strike out application whatever.’

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NIPC Law, 5th August 2015

Source: www.nipclaw.blogspot.co.uk

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Copying for private use: to be quashed with prospective or retrospective effect? – UK Human Rights Blog

Posted July 21st, 2015 in consultations, copyright, human rights, intellectual property, news by tracey

‘British Academy of Songwriters, Composers and Authors and others, R(on the application of) v Secretary of State for Business, Innovation and Skills and another [2015] EWHC 1723 (Admin) – read original judgment and [2015] EWHC 2041 (Admin), 17 July 2015. On 19 June 2015, Green J ruled that an exception to copyright infringement for private use was unlawful, at common law, because of flaws in the consultation process which had preceded its enactment.’

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UK Human Rights Blog, 19th July 2015

Source: www.ukhumanrightsblog.com

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Disney wins starwars.co.uk net domain battle – BBC News

‘A Berkshire-based fancy-dress retailer is being made to surrender the starwars.co.uk web address after feeling the force of Disney’s wrath.’

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BBC News, 9th July 2015

Source: www.bbc.co.uk

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Jeremy Phillips speaks to the Oxford Law Vox – OUP Blog

Posted July 7th, 2015 in intellectual property, news, speeches by sally

‘In the second of Oxford’s new series of Law Vox podcasts, Jeremy Phillips, editor of Journal of Intellectual Property Law & Practice, describes how the field of intellectual property law looked when he started his illustrious intellectual property law career. Jeremy’s conversation with Law Vox also addresses how intellectual property evolved and grew to encompass many different features.’

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OUP Blog, 7th July 2015

Source: http://blog.oup.com

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The Ukulele Orchestra of Great Britain wins duel with German ‘copycat’ – The Independent

Posted July 7th, 2015 in artistic works, intellectual property, news by sally

‘A legal duel between two ukulele orchestras competing over the right to their British-themed names has seen a German-backed group ordered by a court to change its name or stay out of the UK for fear of confusing fans.’

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The Independent, 3rd July 2015

Source: www.independent.co.uk

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Do you copy? UK’s new format-shifting exception found illegal – Technology Law Update

Posted June 30th, 2015 in artistic works, compensation, copyright, EC law, intellectual property, news by sally

‘You buy a CD and makes a copy for use on a portable device, or for storage in a cloud service. That’s allowed isn’t it? Well, it wasn’t strictly legal in the UK until October 2014. That was when the UK introduced a new exception from copyright infringement for personal copies for an individual’s private use. Now the new exception has been found illegal in court and hangs in the balance while the courts and the UK government decide what happens next.’

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Technology Law Update, 26th June 2015

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

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UK private copyright exception ‘unlawful’, rules High Court – OUT-LAW.com

Posted June 23rd, 2015 in compensation, copyright, EC law, intellectual property, news, proportionality by tracey

‘The UK’s private copying regime is “unlawful”, the High Court has ruled.’

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OUT-LAW.com, 19th June 2015

Source: www.out-law.com

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Copyright: Minder Records and Another v Sharples – NIPC Law

Posted June 23rd, 2015 in artistic works, copyright, intellectual property, news by tracey

‘S.10 (1) of the Copyright, Designs and Patents Act 1988 defines a work of joint authorship as “a work produced by the collaboration of two or more authors in which the contribution of each author is not distinct from that of the other author or authors.” However, it was held by Hazel Williamson QC sitting as a judge of the High Court in Bamgboye v Reed [2002] EWHC 2922 (QB), [2002] EWHC 2922, [2004] EMLR 5 and implied by the Court of Appeal in Brooker and Another v Fischer [2008] Bus LR 1123, [2008] FSR 26, [2008] EWCA Civ 287, [2008] EMLR 13 that joint ownership is not necessarily the same as equal ownership.’

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NIPC Law, 16th June 2015

Source: www.nipclaw.blogspot.co.uk

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Copying material for private use: is it legal? – UK Human Rights Blog

‘British Academy of Songwriters, Composers and Authors and others, R(on the application of) v Secretary of State for Business, Innovation and Skills and another [2015] EWHC 1723 (Admin). An exception to copyright infringement for private use has failed to survive a challenge in the High Court. But this may not be the end of the story.’

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UK Human Rights Blog, 20th June 0215

Source: www.ukhumanrightsblog.com

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Dispelling myths about EU law – OUP Blog

Posted June 17th, 2015 in copyright, EC law, intellectual property, news, patents by sally

‘What are the most common myths surrounding the laws of the European Union? We asked two experts, Phil Syrpis and Catherine Seville, to describe and combat some misconceptions. From the Maastricht Treaty to intellectual property law, here are some of the topics they addressed.’

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OUP Blog, 17th June 2015

Source: www.blog.oup.com

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Who, What, Why: Can the KitKat shape be a trademark? – BBC News

Posted June 5th, 2015 in food, intellectual property, news, trade marks by sally

‘Confectionery giant Nestle is attempting to turn the shape of the KitKat bar into a trademark. But is this possible, asks Justin Parkinson.’

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BBC News, 5th June 2015

Source: www.bbc.co.uk

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Fall lyrics ‘hard to hear’, says judge in copyright case – The Guardian

Posted June 4th, 2015 in artistic works, copyright, intellectual property, news by sally

‘A judge ruling on a copyright dispute about rock band the Fall’s lyrics has admitted that the words were “hard to hear” due to frontman Mark E Smith’s vocal style.’

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The Guardian, 3rd June 2015

Source: www.guardian.co.uk

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How to stop your business leaving the building… – Technology Law Update

‘The nightmare scenario. Your co-directors leave and set up a competing business. They lure employees to join them and use your systems and processes to create a copycat product or service. What can you do?’

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Technology Law Update, 27th May 2015

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

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Tobacco companies prepare multi-billion compensation claims over UK plain packaging – Daily Telegraph

Posted May 22nd, 2015 in compensation, EC law, intellectual property, news, smoking, trade marks by sally

‘Tobacco companies are preparing to launch what could be one of the biggest ever legal claims against the British Government for losses as a result of the introduction of plain packaging for cigarettes.’
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Daily Telegraph, 21st May 2015

Source: www.telegraph.co.uk

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What to do about the new Practice Direction – Pre-Action Conduct – NIPC Law

‘CPR 63.20 (2) requires those bringing claims in the Intellectual Property Enterprise Court (“IPEC”) including the small claims track to state whether they have complied with paragraph 7.1(1) and Annex A (paragraph 2) of the Practice Direction (Pre-Action Conduct). If they don’t the defendant has an extra 28 days in which to file his or her defence under CPR 63.22 (3). But if you actually turn to the Practice Direction – Pre-Action Conduct you will find that the old paragraph 7 and Annex A aren’t there any more.’

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NIPC Law, 6th May 2015

Source: www.nipclaw.blogspot.co.uk

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Wrapped up: Everseal Stationery Products Ltd v Document Management Solutions Ltd – NIPC Law

Posted May 6th, 2015 in intellectual property, news, patents by sally

‘Not all patented inventions are high tech. The title of the patent in Everseal Stationery Products Ltd v Document Management Solutions Ltd. and Others [2015] EWHC 842 (IPEC) (1 April 2015) was “Mailer with self-adhesive closure”.’

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NIPC Law, 5th May 2015

Source: www.nipclaw.blogspot.co.uk

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Senior judge says the UK needs a new Copyright Act – OUT-LAW.com

Posted April 30th, 2015 in copyright, EC law, intellectual property, internet, judges, legislation, news, speeches by sally

‘The UK government should create a new Copyright Act to address changes in technology, developments internationally and in the EU and a range of problems and issues that have arisen with existing UK copyright laws since they were introduced in 1988, a senior judge has said.’

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OUT-LAW.com, 29th April 2015

Source: www.out-law.com

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Government accepts case to exempt lawyers from ‘groundless threats’ laws – Legal Futures

‘Lawyers who act on instructions in threatening potential intellectual property infringers with action are to be exempt from being sued when the threat turns out to be groundless, after the government recently gave the go-ahead for law reforms.’

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Legal Futures, 13th April 2015

Source: www.legalfutures.co.uk

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Jeremy Phillips talks to Law Vox – OUP Law Vox

Posted March 25th, 2015 in copyright, human rights, intellectual property, news, patents by sally

‘George Miller introduces leading experts from a wide variety of disciplines to discuss significant aspects of their respective fields in a series of accessible and stimulating discourses.George Miller introduces leading experts from a wide variety of disciplines to discuss significant aspects of their respective fields in a series of accessible and stimulating discourses.

Jeremy Phillips – Intellectual Property Consultant, Olswang, London; Professorial Fellow at the Queen Mary Intellectual Property Research Institute. Editor of Journal of Intellectual Property Law & Practice
An Honorary Research Fellow of the Intellectual Property Institute and Professorial Fellow, Queen Mary Intellectual Property Research Institute, Professor Phillips has held positions in several leading academic institutions. He is the founder editor of the Journal of Intellectual Property Law & Practice and is also blogmeister of the IPKat and other weblogs.

In this podcast Jeremy outlines the field of IP law and how it was seen at the start of his intellectual property law career. Jeremy discusses how intellectual property evolved and grew to encompass many different features. He talks about how intellectual property interacts with the commercial world, including copyright in books and patents in pharmaceuticals, and how intellectual property law works in tandem with human rights law, and he also describes how the practical application of intellectual property works, and how human behaviour influences this.’

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OUP Law Vox, 22nd March 2015

Source: www.soundcloud.com/oupacademic

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“Supreme” caution required when applying “double identity” rule – RPC IP Hub

Posted March 19th, 2015 in intellectual property, news, trade marks by sally

‘A recent High Court decision1 not only demonstrates the difficulty for trade mark owners in enforcing descriptive trade marks (and the risk that those trade marks may be found to be invalid) but also highlights potential pitfalls where trade marks co-exist within the same market. Also of interest is Arnold J’s criticism of the Court of Appeal’s decision in Interflora with regard to burden of proof for “double identity” cases.’

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RPC IP Hub, 17th March 2015

Source: www.rpc.co.uk

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