UK private copyright exception ‘unlawful’, rules High Court – OUT-LAW.com
‘The UK’s private copying regime is “unlawful”, the High Court has ruled.’
OUT-LAW.com, 19th June 2015
Source: www.out-law.com
Category: intellectual property
Copyright: Minder Records and Another v Sharples – NIPC Law
‘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.’
NIPC Law, 16th June 2015
Source: www.nipclaw.blogspot.co.uk
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.’
UK Human Rights Blog, 20th June 0215
Source: www.ukhumanrightsblog.com
Dispelling myths about EU law – OUP Blog
‘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.’
OUP Blog, 17th June 2015
Source: www.blog.oup.com
Who, What, Why: Can the KitKat shape be a trademark? – BBC News
‘Confectionery giant Nestle is attempting to turn the shape of the KitKat bar into a trademark. But is this possible, asks Justin Parkinson.’
BBC News, 5th June 2015
Source: www.bbc.co.uk
Fall lyrics ‘hard to hear’, says judge in copyright case – The Guardian
‘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.’
The Guardian, 3rd June 2015
Source: www.guardian.co.uk
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?’
Technology Law Update, 27th May 2015
Source: www.technology-law-blog.co.uk
Tobacco companies prepare multi-billion compensation claims over UK plain packaging – Daily Telegraph
‘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.’
Full story
Daily Telegraph, 21st May 2015
Source: www.telegraph.co.uk
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.’
NIPC Law, 6th May 2015
Source: www.nipclaw.blogspot.co.uk
Wrapped up: Everseal Stationery Products Ltd v Document Management Solutions Ltd – NIPC Law
‘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”.’
NIPC Law, 5th May 2015
Source: www.nipclaw.blogspot.co.uk
Senior judge says the UK needs a new Copyright Act – OUT-LAW.com
‘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.’
OUT-LAW.com, 29th April 2015
Source: www.out-law.com
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.’
Legal Futures, 13th April 2015
Source: www.legalfutures.co.uk
Jeremy Phillips talks to Law Vox – OUP Law Vox
‘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.’
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
‘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.’
RPC IP Hub, 17th March 2015
Source: www.rpc.co.uk
The Use of Building Information Modelling (“BIM”) the UK Experience – Thirty Nine Essex Street
‘The question we pose ourselves this morning is: to what extent is the use of Building Information Modelling (“BIM”) in the construction industry in the UK, changing the legal landscape for the liability of construction professionals for design defects in construction and engineering projects?’
Full story (PDF)
Thirty Nine Essex Street, January 2015
Source: www.39essex.com
What were this decade’s most significant advances in law? – OUP Blog
‘The past decade has seen a number of advances in the field of law. As part of our exclusive Oxford law event, Unlock Oxford Law, we have asked some of our expert authors to identify what developments they thought were most significant. With constant changes and developments occurring across all the different areas of law, this is a subject that is very much up for debate. Read on to see what our authors said, and to see if you agree.’
OUP Blog, 18th March 2015
Source: www.blog.oup.com
Trade Marks and Passing Off: Supreme Petfoods Ltd v Henry Bell & Co (Grantham) Ltd – NIPC Law
‘The Lincolnshire town of Grantham educated one of the world’s greatest scientists and the first woman to be British prime minister (see “Frit” – Merck Sharp Dohme Corp v Teva Pharma BV 25 March 2012). It has a magnificent parish church and is home to Chantry Dance Company which is very special to me as you will see from the last video clip in Chantry Dance Company’s Sandman and Dream Dance 10 May 2014 Terpsichore if you read that far. It has a pub called The Beehive with a real beehive for the pub sign (how’s that for imaginative branding). Each Autumn it holds a science and arts festival in honour of Sir Isaac Newton called Gravity Fields (see Gravity Fields Festival – there’s much more to Grantham than Mrs T 8 Aug 2014 East Midlands IP).’
NIPC Law, 28th February 2015
Source: www.nipclaw.blogspot.co.uk
Topshop ordered to pay Rihanna’s legal costs – Daily Telegraph
‘Topshop has been ordered to pay pop star Rihanna’s legal costs following their multi-million pound battle over a T-shirt. The high-street store lost the dispute when both the High Court and Court of Appeal declared Topshop had used her image unlawfully on a “tank” sleeveless T-shirt sold to thousands of fans.’
Daily Telegraph, 3rd February 2015
Source: www.telegraph.co.uk
Court of Appeal upholds Birss J in Rihanna’s Case – NIPC Law
‘In Fenty and Others v Arcadia Group Brands Ltd and another [2013] EWHC 2310 (Ch), [2013] WLR(D) 310 Mr Justice Birss gave judgment to Robyn Rihanna Fenty (better known as Rihanna) and her corporate licensing companies against Top Shop for selling a t-shirt that reproduced a photo of the singer. The claim was brought not for infringement of copyright since the owner of the copyright in the photograph had licensed the reproduction of his work but for passing off. Rihanna and her companies had claimed that the t-shirt misrepresented authorization or approval of the manufacture and distribution of the garments and that such misrepresentation damaged her commercial activities. I wrote about the case in Passing off – Fenty v Topshop 10 Sept 2013 and readers are referred to that note for an appreciation of the judgment.’
NIPC Law, 24th January 2015
Source: www.nipclaw.blogspot.co.uk
