England and Wales Cricket Board Ltd and another v Tixdaq Ltd and another – WLR Daily

Posted April 13th, 2016 in copyright, damages, EC law, intellectual property, internet, law reports, sport by sally

England and Wales Cricket Board Ltd and another v Tixdaq Ltd and another [2016] EWHC 575 (Ch)

‘The claimants owned the copyrights in television broadcasts, and in films incorporated within such broadcasts, of most cricket matches played by the English cricket teams in England and Wales. The defendants operated a website and various mobile applications (“Apps”) which used screen capture technology to copy clips of broadcast footage of sporting events and uploaded those clips to the Apps. The defendants’ uploaded a considerable number of clips of broadcasts of cricket matches, lasting up to eight seconds, to the Apps where they could be viewed by users. Users could also upload clips, together with commentary, on to the website and the defendants’ social media accounts. The claimants brought a claim for damages, alleging uploading the clips prima facie constituted breaches of sections 16, 17 and/or 20 of the Copyright Designs and Patents Act 1988. The 1988 Act did not require either broadcasts or films to be original in order for copyright to subsist in them. An issue arose as to the applicable test for substantiality in circumstances where there was no intellectual creation. The question went to both infringement, which required an act such as reproduction or communication to the public of the whole, or any “substantial part” of a work, and also to the applicability of the fair dealing defence in section 30(2) of the 1988 Act, on which the defendants relied.’

WLR Daily, 18th April 2016

Source: www.iclr.co.uk

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Subject access request as precursor to litigation? No problem – Panopticon

Posted April 12th, 2016 in data protection, EC law, intellectual property, news by sally

‘Gurieva & Anor v Community Safety Development (UK) Ltd [2016] EWHC 643 (QB), a judgment of Warby J of 6 April 2016, is the High Court’s latest word on subject access requests. It illustrates some of the emerging trends in subject access litigation. It is also a salutary reminder to ensure that, for subject access request cases as for any other, adequate evidence is presented.’

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Panopticon, 8th April 2016

Source: www.panopticonblog.com

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The Institute for Capitalizing on Creativity: “Tales from the Drawing Board” – NIPC Law

Posted March 31st, 2016 in intellectual property, news by sally

‘According to the Creative Industries Economic Estimates published by the Department in January of this year, the gross value added (“GVA”) for the creative industries was £84.1 billion in 2014 and accounted for 5.2% of the UK economy. Between 1997 and 2014, the GVA of those industries increased by 6.0% each year compared to 4.3% for the UK economy. It accounted for 3.9% of UK GVA in 1997 and increased to 5.2 per cent in 2014. Those industries employed 1.8 million individuals in 2014 in both creative and support jobs. The creative industries’ exports amounted to £17.9 billion in 2013 which accounted for 8.7% of British exports.’

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NIPC Law, 28th March 2016

Source: www.nipclaw.blogspot.co.uk

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Hashtag applications on the rise #TimesAreChanging – Technology Law Update

Posted March 30th, 2016 in enforcement, intellectual property, internet, news, statistics, trade marks by sally

‘Research by Thomson CompuMark has highlighted the effect of the changing social media landscape on trademark applications.’

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Technology Law Update, 30th March 2016

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

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It is illegal to screenshot and share Snapchat snaps without permission, Government minister says – The Independent

Posted March 29th, 2016 in consent, copyright, intellectual property, internet, news by sally

‘It is illegal to screenshot Snapchat picture messages and pass them to others on without consent, the Government’s culture minister has said.’

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The Independent, 27th March 2016

Source: www.independent.co.uk

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The UPC – free opt-outs and UK alignment – Technology Law Update

Posted March 14th, 2016 in costs, EC law, fees, intellectual property, news, patents by sally

‘Europe’s new unitary patent is still on track, with a start date in spring 2017 now viewed as likely. Among the ongoing business of the Unified Patent Court’s Preparatory Committee a final publication on court fees and recoverable costs has recently been issued.’

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Technology Law Update, 11th March 2016

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

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Trunki loses ride-on animal suitcase court case – BBC News

Posted March 10th, 2016 in appeals, intellectual property, news, Supreme Court by sally

‘The founder of Trunki suitcases has predicted “chaos” after his company lost a court battle with a rival over product design.’

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BBC News, 9th March 2016

Source: www.bbc.co.uk

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UK likely to ratify Unified Patent Court after EU referendum – OUT-LAW.com

Posted February 25th, 2016 in courts, intellectual property, international courts, news, patents, referendums by sally

‘UK law makers are not likely to ratify the creation of a new Unified Patent Court (UPC) until after the UK public votes on whether the country should remain a member of the EU, the UK government has confirmed.’

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OUT-LAW.com, 24th February 2016

Source: www.out-law.com

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Court of Appeal must maintain brand owners’ right to obtain website blocking orders, says expert – OUT-LAW.com

‘The Court of Appeal in London must maintain the right of brand owners to obtain website blocking orders against internet service providers (ISPs) as a means of enforcing their trade mark rights against infringers, an expert has said.’

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OUT-LAW.com, 24th February 2016

Source: www.out-law.com

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The Unified Patent Court’s approach to interim injunctions will influence businesses’ patent strategies in Europe, say experts – OUT-LAW.com

‘The ease with which businesses will be able to win interim injunctions to defend against rivals’ infringements of their patents will be influential in determining whether companies engage with the new Unified Patent Court (UPC).’

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OUT-LAW.com, 22nd February 2016

Source: www.out-law.com

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Implementing the Unitary Patent in the UK – NIPC Law

Posted February 22nd, 2016 in consultations, EC law, intellectual property, news, patents by sally

‘Whatever happens on 23 June 2016 HMG will have to make rules to implement the Agreement on a Unified Patent Court in the United Kingdom. The reason I say that is that the Agreement comes into force after 13 countries, including France, Germany and the UK, ratify the Agreement. Nine countries including France have already done so (see the European Council’s website). Parliament has enacted primary legislation to enable the Secretary of State to give effect to the Agreement in the UK by order in council (see S,17 of the Intellectual Property Act 2014 inserting a new s.88A and s.88B into the Patents Act 1977). As it would take time to negotiate an exit agreement under art 50 (2) of the Treaty on European Union the Agreement will almost certainly come into force while the UK is still an EU member. There would have to be some sort of secondary legislation at least for the time in which the UK remains a party to the UPC Agreement.’

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NIPC Law, 22nd February 2016

Source: www.nipclaw.blogspot.co.uk

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Why the UK replica furniture market is about to be hit by new copyright laws – The Independent

Posted February 16th, 2016 in copyright, intellectual property, news by sally

‘Are you sitting comfortably? Then lucky you. By the end of October – after a six-month “amnesty” for retailers – that luxury will cost you more, maybe 12 times more, than now. And it’s all thanks to the bloody European Union. ‘

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The Independent, 15th February 2016

Source: www.independent.co.uk

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UK to push ahead with reforms to rules on unjustified threats on intellectual property rights – OUT-LAW.com

Posted February 1st, 2016 in consultations, copyright, intellectual property, news, patents, trade marks by tracey

‘The UK government is to legislate to bring greater consistency to laws concerning the communications intellectual property (IP) rights holders send to alleged infringers of their rights.’

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OUT-LAW.com, 1st February 2016

Source: www.out-law.com

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Rulings rejecting taxi and chocolate bar shapes as trade marks reflect intentions of trade mark law, says expert – OUT-LAW.com

Posted January 26th, 2016 in food, intellectual property, news, taxis, trade marks by sally

‘The strict circumstances in which shapes can benefit from trade mark protection have been reinforced by two new rulings issued by the High Court in London, an expert has said.’

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OUT-LAW.com, 22nd January 2016

Source: www.out-law.com

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Should design rights protect things you can’t see? – OUP Blog

Posted January 26th, 2016 in Community designs, EC law, intellectual property, news, regulations by sally

‘Although many EU IP lawyers are currently concentrating on the trade mark reforms, the Commission is quietly getting on with its study of the design protection system in Europe.’

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OUP Blog, 26th January 2016

Source: www.blog.oup.com

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Ruling means UK courts will not overturn decisions by domain name dispute resolution panels, says expert – OUT-LAW.com

‘A UK court ruling that it did not have the jurisdiction to hear and determine an appeal against a decision taken by domain name dispute resolution panel will be welcomed by brand owners, an expert has said.’

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OUT-LAW.com, 11th December 2015

Source: www.out-law.com

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Tobacco firms challenge plain packaging rules – BBC News

Posted December 10th, 2015 in advertising, intellectual property, news, regulations, smoking, trade marks by sally

‘Four of the world’s biggest tobacco firms are to begin a legal challenge to the government’s new packaging rules.’

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BBC News, 10th December 2015

Source: www.bbc.co.uk

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Peter Hook sues New Order, claiming they ‘pillaged’ the group’s name – The Guardian

Posted December 1st, 2015 in artistic works, intellectual property, news by tracey

‘Peter Hook is suing his New Order ex-bandmates for “many millions of pounds” in the high court, accusing them of secretly “pillaging” the group’s name and starving him of cash.’

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The Guardian, 30th November 2015

Source: www.guardian.co.uk

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Should intellectual property be abolished? – OUP Blog

Posted November 24th, 2015 in competition, intellectual property, news by sally

‘The Economist has recently popularised the notion that patents are bad for innovation. Is this right? In my view, this assessment results from too high an expectation of what should be achieved by patents or other intellectual property.’

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OUP Blog, 24th November 2015

Source: www.blog.oup.com

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UK government scraps plans to legalise private copying – OUT-LAW.com

Posted November 19th, 2015 in copyright, EC law, intellectual property, news by tracey

‘The UK government has scrapped plans to legalise private copying in the UK, Out-Law.com has learned..’

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OUT-LAW.com, 18th November 2015

Source: www.outlaw.com

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