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Intellectual Property: Case Law, Legislation, Links 08-12-16

Copyright, Trade Marks, Patents, Information Law etc

Intellectual Property: Case Law, Legislation, Links 08-12-16

Postby dls » Thu Dec 08, 2016 11:42 am

Patents, Copyright, Trade Marks, Design Rights, Confidence. See also information
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    Baigent and Another -v- The Random House Group Ltd (The Da Vinci Code); ChD 7-Apr-2006 - The claimants alleged infringement of copyright by the defendant publishers and author in the plot and otherwise in the book ‘The Da Vinci Code’. They said that their own work had been copied substantially, using themes and copying language. The defendant acknowledged that the book was a source for the work, but than no copying of anything protected had taken place.
    British Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks & Spencer Plc and Ladbroke Group Plc -v- One In a Million Ltd and others; CA 23-Jul-1998 - Registration of a distinctive Internet domain name using registered trade marks and company names could be an infringement of a registered Trade Mark, and also passing off. It was proper to grant quia timet injunctions where necessary to stop registration: ‘a jurisdiction to grant injunctive relief where a defendant is equipped with or is intending to equip another with an instrument of fraud. Whether any name is an instrument of fraud will depend upon all the circumstances. A name which will, by reason of its similarity to the name of another, inherently lead to passing-off is such an instrument.
    Faccenda Chicken Ltd -v- Fowler; CA 1986 - The appellant plaintiff company had employed the defendant as sales manager. The contract of employment made no provision restricting use of confidential information. He left to set up in competition. The company now sought to prevent him using confidential information for this purpose.
    Fisher -v- Brooker and Others; HL 30-Jul-2009 - The claimant sought a share in the royalties from the song ‘A whiter shade of pale’ but had delayed his claim for 38 years. He had contributed the organ solo which had contributed significantly to the song’s success. He now sought a share of future royalties.
    Hogg -v- Kirby; 15-Mar-1803 - Injunction to restrain piiblishing a Magazine as a continuation of the Plaintiff’s Magaaine in numbers, and as to communications from correspondents, received by the Defendant while publishing for the Plaintiff ; not preventing the publication of an original work of the same nature, and under a similar title.
    Hyperion Records Ltd -v- Sawkins; CA 19-May-2005 - The claimant had developed for performance historical musical works. They were published by the defendant, by means of recordings of a performance from the scores he had prepared, so called ‘performance editions’. The many hundreds of hours involved transcription of the scores into modern notation and interpretation of the composers shorthand. The publisher appealed a finding of copyright infringement, saying that the claimant had not created an original work capable of being protected under copyright law.
    Kirin-Amgen Inc and others -v- Hoechst Marion Roussel Limited and others etc; HL 21-Oct-2004 - The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’).
    Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance was addressed would have understood the author to be using the words to mean.
    Oracle America Inc -v- M-Tech Data Ltd; SC 27-Jun-2012 - The appellant complained that the respondent had imported into the European Economic Area disk drives bearing its trade marks in breach of the appellant’s rights. The respondent had argued that the appellant had abused its position by withholding information which would allow it to trade lawfully. The Court was now asked: ‘whether a person who has imported goods bearing the mark into the EEA and offered them for sale there without the consent of the trade mark proprietor, is entitled to defend an action for infringement on the ground that the proprietor of the mark is engaged in conduct calculated to obstruct the free movement of such goods between member states or to distort competition in the EEA market for them.’
      Patents Act 1949 / 37 -|- Case law
      An Act to establish a new law of patents applicable to future patents and applications for patents; to amend the law of patents applicable to existing patents and applications for patents; to give effect to certain international conventions on patents; and for connected purposes
      Copyright Act 1956 / 74 -|- Case law
      An Act to make new provision in respect of copyright and related matters, in substitution for the provisions of the Copyright Act, 1911, and other enactments relating thereto; to amend the Registered Designs Act, 1949, with respect to designs related to artistic works in which copyright subsists, and to amend the Dramatic and Musical Performers' Protection Act, 1925; and for purposes connected with the matters aforesaid.
      Administration of Justice Act 1969 / 58 -|- Case law -|- See Also: Litigation Practice, Wills and Probate
      An Act to increase the jurisdiction of county courts and to amend the County Courts Act 1959; to make further provision for appeals from the High Court (whether in England and Wales or in Northern Ireland) to the House of Lords; to enable wills and codicils to be made for mentally disordered persons; to make provision for interim payments to be made where proceedings are pending, and for conferring powers to be exercisable by the court before the commencement of an action, and to make further provision with respect to interest on damages; to enable any jurisdiction of the High Court to be assigned to two or more Divisions concurrently; to enable the Appeal Tribunals under the Patents Act 1949 and the Registered Designs Act 1949 to consist of two or more judges; to change the title and qualification of clerks to registrars of the Chancery Division; to make further provision with respect to miscellaneous matters, that is to say, certain employments in the offices of the Supreme Court, records of grants of probate and grants of administration and the making of second and subsequent grants, admission as a public notary, pension rights and related matters in connection with certain judicial offices, and the stipend and fees of the Chancellor of the County Palatine of Durham; to extend the legislative power of the Parliament of Northern Ireland with respect to grand juries and indictments; and for purposes connected with the matters aforesaid.
      Patents Act 1977 / 37 -|- Case law
      An Act to establish a new law of patents applicable to future patents and applications for patents; to amend the law of patents applicable to existing patents and applications for patents; to give effect to certain international conventions on patents; and for connected purposes
      Copyright, Designs and Patents Act 1988 / 48 -|- Case law -|- See Also:, Crime, Charity
      An Act to restate the law of copyright, with amendments; to make fresh provision as to the rights of performers and others in performances; to confer a design right in original designs; to amend the Registered Designs Act 1949; to make provision with respect to patent agents and trade mark agents; to confer patents and designs jurisdiction on certain county courts; to amend the law of patents; to make provision with respect to devices designed to circumvent copy-protection of works in electronic form; to make fresh provision penalising the fraudulent reception of transmissions; to make the fraudulent application or use of a trade mark an offence; to make provision for the benefit of the Hospital for Sick Children, Great Ormond Street, London; to enable financial assistance to be given to certain international bodies; and for connected purposes.
      Trade Marks Act 1994 / 26 -|- Case law
      An Act to make new provision for registered trade marks, implementing Council Directive No. 89/104/EEC of 21st December 1988 to approximate the laws of the Member States relating to trade marks; to make provision in connection with Council Regulation (EC) No. 40/94 of 20th December 1993 on the Community trade mark; to give effect to the Madrid Protocol Relating to the International Registration of Marks of 27th June 1989, and to certain provisions of the Paris Convention for the Protection of Industrial Property of 20th March 1883, as revised and amended; and for connected purposes.
      The Copyright in Databases Regulations 1997 / 3032 -|- Case law -|- See Also:, Information
      Now, therefore, the Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to copyright and measures relating to the prevention of unauthorised extraction of the contents of a database and of unauthorised re-utilisation of those contents(3), in exercise of the powers conferred by section 2(2) and (4) of that Act, hereby makes the following Regulations:—
      Legal Deposit Libraries Act 2003 / 23 -|- Case law
      An Act to make provision in place of section 15 of the Copyright Act 1911 relating to the deposit of printed and similar publications, including on and off line publications; to make provision about the use and preservation of material deposited; and for connected purposes.
      Digital Economy Act 2010 / 24 -|- Explanatory Note -|- Case law -|- See Also: Media
      An Act to make provision about the functions of the Office of Communications; to make provision about the online infringement of copyright and about penalties for infringement of copyright and performers' rights; to make provision about internet domain registries; to make provision about the functions of the Channel Four Television Corporation; to make provision about the regulation of television and radio services; to make provision about the regulation of the use of the electromagnetic spectrum; to amend the Video Recordings Act 1984; to make provision about public lending right in relation to electronic publications; and for connected purposes.
      Enterprise and Regulatory Reform Act 2013 / 24 -|- Case law -|- See Also: Banking, Commercial, Information, Insolvency
      An Act to make provision about the UK Green Investment Bank; to make provision about employment law; to establish and make provision about the Competition and Markets Authority and to abolish the Competition Commission and the Office of Fair Trading; to amend the Competition Act 1998 and the Enterprise Act 2002; to make provision for the reduction of legislative burdens; to make provision about copyright and rights in performances; to make provision about payments to company directors; to make provision about redress schemes relating to lettings agency work and property management work; to make provision about the supply of customer data; to make provision for the protection of essential supplies in cases of insolvency; to make provision about certain bodies established by Royal Charter; to amend section 9(5) of the Equality Act 2010; and for connected purposes.
      NHS (Charitable Trusts Etc) Act 2016 / 10 -|- Explanatory Note -|- Case law -|- See Also: Health Professions, Charity
      An Act to make provision for, and in connection with, the removal of the Secretary of State’s powers under the National Health Service Act 2006 to appoint trustees; to make provision transferring to Great Ormond Street Hospital Children’s Charity the right to a royalty conferred by Schedule 6 to the Copyright, Designs and Patents Act 1988; and for connected purposes.

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