The following IP practice note Produced in partnership with Aimee Brookes of Bristows provides comprehensive and up to date legal information covering:
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, see Practice Note: Brexit—IP rights.
Character merchandising is the practice of licensing the name or likeness of a (usually fictitious) character for use in the marketing of goods or services. In theory, that character association makes the goods or services more attractive to the market. For the licensor, as well as the royalty fee generated, the licensing of such character rights can be invaluable for marketing and sponsorship.
Under the Copyright, Designs and Patents Act 1988, a copyright statutory right will arise in original artistic works as soon as they are created. If a character itself is an artistic work, it is possible for it to be protected separately from the underlying work.
According to English case law, a character’s name cannot be protected by copyright as a literary work. In the case of Exxon v Exxon, the judge described a literary work as something that is intended to afford either information or instruction, or pleasure in the form of literary enjoyment, and found that the name ‘Exxon’ was not intended to do
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Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. The key implications for civil appeals are set
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
What is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end.A claimant has a right to discontinue all or part of a claim at any time.Where proceedings are brought to an end without an order or judgment from a court, eg
What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually state that judgment is being reserved. This is common practice in the High Court. The draft judgment will be provided to the parties’ legal
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