‘A recent ruling shows that businesses require strong evidence from customer surveys or expert witnesses to demonstrate the link between a colour and their brand to prevent rivals using the same colour to market their products, an expert in intellectual property law has said.’
OUT-LAW.com, 25th October 2019
Source: www.pinsentmasons.com
‘For all practical purposes, the free legal database run by the British and Irish Legal Information Institute (BAILII) is an official source of judgments from senior courts that any member of the public or any journalist can use. But while anyone can read individual judgments and quote bits of them elsewhere, what are the rules about downloading and re-using the content in bulk? Is it public open data or are there restrictions on its re-use? There seems to be some confusion about this, which this article aims to unpick.’
Transparency Project, 1st October 2019
Source: www.transparencyproject.org.uk
‘A judge has criticised solicitors in a copyright infringement claim for describing a disclosure request made by the opposing side as “imbecilic”.’
Litigation Futures, 20th May 2019
Source: www.litigationfutures.com
‘The European parliament approved the largest, and most contentious, overhaul of copyright legislation in two decades on Monday. When the directive comes into effect, it will be the biggest change to internet regulation since General Data Protection Regulation (GDPR).’
The Guardian, 26th March 2019
Source: www.theguardian.com
‘As propaganda, ‘fake news’ and other forms of disinformation become increasingly common from governments, individuals and powerful organisations across the world, it’s become harder than ever for the average person to discern facts from fiction.’
Rights Info, 14th March 2019
Source: rightsinfo.org
‘The controversy around Europe’s new copyright directive has been high profile and intense. On one side are authors, musicians and writers, and those that publish and monetise their work. (It is not often that Sir Paul McCartney writes an open letter to MEPs on a piece of planned legislation.) On the other side of the argument is the free internet lobby, both large tech and individual internet users. Google has explained its perspective in similarly strong terms.’
Technology Law Update, 15th February 2019
Source: www.technology-law-blog.co.uk
‘The final version of a controversial new EU copyright law has been agreed after three days of talks in France.’
BBC News, 14th February 2019
Source: www.bbc.co.uk
‘The Intellectual Property Enterprise Court (Nugee J) has handed down judgment in a claim for damages for infringement of the copyright in two songs by Spandau Ballet. The judgment clarifies two important principles which will be relevant to similar damages claims.’
Blackstone Chambers, 1st November 2018
Source: www.blackstonechambers.com
‘A High Court judge was wrong to order a non-party costs order (NPCO) where the respondent had not been warned that the applicant was going to seek one, the Court of Appeal has ruled.’
Litigation Futures, 10th September 2018
Source: www.litigationfutures.com
‘Website operators cannot lift copyrighted media lawfully posted elsewhere on the internet without first obtaining the rights holder’s permission to publish the image themselves, the EU’s highest court has ruled.’
OUT-LAW.com, 8th August 2018
Source: www.out-law.com
‘Companies can invest significant sums in the creation and maintenance of their client lists. Unsurprising, their client lists are often closely guarded. But what if protections fail? Under the Copyright and Rights in Databases Regulations 1997, firms can bring actions against those that access and download their client list (for instance, a former employee). The wronged party can demand the return or destruction of the confidential information, an injunction to prevent its use and damages for any losses.’
Henderson Chambers, July 2018
‘UK businesses will lose any database rights they enjoy across the EU at the point of Brexit as it stands, the European Commission has said.’
OUT-LAW, 3rd April 2018
Source: www.out-law.com
‘Music nerds may remember with fondness the great copyright wrangle involving Procol Harum and Bach. The focus of that dispute was the organ line in the 1967 hit Whiter Shade of Pale, and Blackburne J’s judgment is imperative reading for anyone interested in the law’s dominion over music, ideas or intellectual property in general. Go to the end of this post for a reminder of that entertaining litigation and its outcome.’
UK Human Rights Blog, 18th March 2018
Source: ukhumanrightsblog.com
‘Online service providers in the EU will not face new obligations to make their copyrighted content available to customers to access when they are visiting other EU countries after proposed new EU laws were watered down.’
OUT-LAW.com, 4th December 2017
Source: www.out-law.com
‘Media companies that create TV game or quiz shows can win copyright protection for the format of those programmes in certain circumstances, the High Court in London has ruled.’
OUT-LAW.com, 26th October 2017
Source: www.out-law.com
‘The infringement that was the subject of the appeal was the lifting of a fragment of a photo of the great man’s wedding photo in 1937 from the VisitWales.com website and its reuse on a website that advertises holiday cottages in Wales. Liability was not contested so the hearing before Deputy District Judge Vary was an assessment of damages only. According to paragraph [7] of Judge Hacon’s judgment, the learned deputy district judge awarded £250 on the user principle and declined to award additional damages under s.97 (2) of the Copyright, Designs and Patents Act 1988 (“the CDPA”). He ordered the copyright owner to pay the infringer’s travelling expenses on the ground that the claimant had failed in its obligation under CPR 1.3 to help the court further the overriding objective by bringing proceedings in the Irish Republic for infringement of the corresponding Irish copyright and threatening similar proceedings in the USA to maximize cost and pressure on the defendant to settle.’
NIPC Law, 15th October 2017
Source: nipclaw.blogspot.co.uk
‘A recent court decision on infringement of IP in an ECG screening service shows how components of the service qualify for different forms of protection. Reliance on less obvious IP rights can offer valuable cover for a business’s assets even in the absence of patent protection.’
Technology Law Update, 11th September 2017
Source: www.technology-law-blog.co.uk
‘A PDF version of a document can constitute a database and information contained in it can be protected by database rights, the High Court in London has ruled.’
OUT-LAW.com, 8th September 2017
Source: www.out-law.com
‘This was an action for infringement of database right and copyright in an electrocardiogram (“ECG”) analysis and reporting system known as ECG Cloud.’
NIPC Law, 2nd September 2017
Source: nipclaw.blogspot.co.uk
‘Copyright is defined by s.1 (1) of the Copyright, Designs and Patents Act 1988 (“the CDPA”) as “a property right” which subsists in accordance with Part I of the Act in original artistic, dramatic, literary and musical work, broadcasts, films and sound recordings and typography. A work in which copyright subsists is known as “a copyright work” pursuant to s.1 (2). The owner of a copyright in a copyright work has the exclusive right to do certain acts that are restricted to the copyright owner (see s.2 (1) CDPA). More importantly, the copyright owner has the exclusive right to prevent others from doing those acts which are often referred to as “restricted acts”.’
NIPC Law, 28th July 2017
Source: nipclaw.blogspot.co.uk
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