The following IP Q&A Produced in partnership with Joshua Marshall of Fieldfisher provides comprehensive and up to date legal information covering:
In answering this Q&A, we have not addressed the issue of moral rights which may be asserted by the author of the original copyright work. For further information, see Practice Note: Moral rights and Chapter IV of the Copyright, Designs and Patents Act 1988 (CDPA 1988).
The starting point is that in this case, absent any evidence to the contrary, copyright will likely subsist in the architectural plans and specifications submitted in order to obtain planning permission. The plans will be protected by artistic copyright works, specifically, graphic works, pursuant to CDPA 1988, s 4.
Copyright is infringed where the defendant carries out acts which the claimant has the exclusive right to do, or authorises a third party to carry out those acts (CDPA 1988, s 16). In this case, the infringing acts are likely to be:
copying the copyright work which includes reproducing an artistic copyright work in any material form (CDPA 1988, s 17). This may be through reproducing copies of the plans or making a building to that plan
issuing copies of the copyright work to the public (CDPA 1988, s 18). This may occur where copies of the plans are distributed to potential ‘off plan’ buyers of any building to be erected in the future
Copyright is only infringed by a person who carries out these acts without the licence of the copyright
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Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
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
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