The following IP Q&A provides comprehensive and up to date legal information covering:
This Q&A covers UK law only. Artistic works are material objects that are visual images. Section 4 of the Copyright, Designs and Patents Act 1988 (CDPA 1988) deals with artistic works and includes sculptures. Sculptures are three-dimensional objects carved or shaped by hand and have included: toy soldiers, medals, coins and moulds for toasted sandwich machines. See the section on artistic works in Practice Note: Copyright—protectable works.
Lucasfilm Ltd and others v Ainsworth (Lucasfilm) didn’t just deal with the Stormtrooper helmet as a utilitarian object. In the action, Lucasfilm also claimed that the toy Stormtroopers which were subsequently produced (and which are reproductions of the Stormtrooper helmet and armour), were 'sculptures' within the meaning of what is now CDPA 1988, s 4(1). This claim was unsuccessful and the case went up to the Supreme Court (SC). The court considered that a toy figurine of this type would not qualify as a sculpture, under the artistic works banner, because it is predominately a toy, ie not a toy and something that might be put in a display cabinet and admired like the toy soldiers referred to in the Britain case (see below, not available in LexisNexis®).
The Lucasfilm High Court and Court of Appeal judgments (both were reversed in part by the SC but not on the Stormtrooper helmet/sculpture point) offer valuable guidance from the courts on the sculpture
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
Part 8 of the Corporation Tax Act 2009 (CTA 2009) is a specific corporation tax regime that applies exclusively to the gains and losses of intangible fixed assets. Note, however, that certain intangible fixed assets are excluded from the regime, see Practice Note: Excluded intangible fixed
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.