Copyright & associated rights

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Tomlin orders

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR...

Introduction to passing off

Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...

Declaration of a director's interests—the statutory provisions

A director who is in any way, directly or indirectly, interested in:•a proposed transaction or arrangement with the company of which they are a...

Types of dispute resolution

This practice note provides an overview of the main types of dispute resolution that are an alternative to litigation. As well as covering the main...

Practice notes

Patent infringement

In order to establish that an unauthorised use or dealing in a product or process amounts to infringement of a patent it is necessary to prove that:•a...

9th Nov

Practice notes

Transferring patent rights

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...

9th Nov

Practice notes

Uniform Domain Name Dispute Resolution Policy (UDRP) process

This Practice Note describes and explains the Uniform Domain Name Dispute Resolution Policy (UDRP) process and covers:•Application of the UDRP•Purpose...

Produced in partnership with Emily Taylor of Oxford Information Labs 9th Nov

Practice notes

Sub-licensing intellectual property rights

An intellectual property (IP) owner may choose to license its IP to a third party. This can be an effective route to generating revenue while...

Produced in partnership with Jessica Stretch 9th Nov

In-house

Practice notes

No deal Brexit—jurisdiction (UK and the Lugano Convention)

This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...

9th Nov

Brexit

Practice notes

Patent infringement—remedies

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...

9th Nov

Practice notes

Intellectual property international treaties and conventions

IP laws are almost always national in nature. However, there are many conventions and treaties under which nations agree to provide minimum levels of...

9th Nov

Practice notes

Indirect infringement of patents

Introduction to infringementA patent owner has to prove two elements before it can secure an infringement finding (and then an injunction, damages,...

9th Nov

In-house

Practice notes

Sale of counterfeit goods online

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...

9th Nov

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Practice notes

Copyright—authorship and ownership

The Copyright, Designs and Patents Act 1988 (CDPA 1988) defines the author of a work as the person who created it. The author as creator is not always...

9th Nov

Precedents

Third party intellectual property rights indemnity clause—pro-supplier

1 Intellectual property rights indemnity 1.1 The Supplier shall defend the Customer against any third party claim that...

9th Nov

In-house

Practice notes

Elements of passing off—goodwill

Passing off is a common law tort which protects rights that are not capable of registration or are difficult to register as trade marks (eg colours,...

9th Nov

Practice notes

IP rights and semiconductors

Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...

Produced in partnership with Greg Burke of RPC, Paul Joseph of RPC and Sophie Tuson of RPC 9th Nov

Practice notes

Registered and unregistered design right infringement

This Practice Note covers the legislative framework, as well as case law, relating to infringement of registered and unregistered designs. For...

9th Nov

In-house

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Most recent Copyright & associated rights content

Practice notes

Copyright, media and digital tracker

This Practice Note is intended to be used to track the progress of legislative proposals, relevant judgments, and current consultations related to...

26th Nov

Practice notes

Brexit—IP rights

This Practice Note examines the likely impact of Brexit on IP rights. It deals with key issues that may affect the owners of trade marks, design...

24th Nov

Brexit

Practice notes

The Digital Single Market Copyright Directive—Directive (EU) 2019/790

This Practice Note examines Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in...

Produced in partnership with Daniel Byrne of AA Thornton 23rd Nov

Practice notes

Resale of second-hand software

When commercial software is acquired from a software supplier, a non-exclusive licence is usually all that is obtained. The supplier retains copyright...

Produced in partnership with Robin Fry of Memery Crystal 23rd Nov

Practice notes

Commercial use of fonts and typefaces

Typefaces are a key component of a brand’s identity, using a unique typeface helps a business to distinguish itself from its competitors. Many...

Produced in partnership with Jessica Stretch 23rd Nov

In-house

Practice notes

Copying software and copyright

This Practice Note examines legal and practical issues relating to the copying of software. It sets out software copyright protections under copyright...

23rd Nov

Practice notes

Commercial use of photographs—IP issues

This Practice Note provides guidance on legal issues arising from the commercial use of photographs. Photographs are central to many commercial...

Produced in partnership with Jessica Stretch 23rd Nov

Practice notes

Linking on the web

This Practice Note explains the manner in which intellectual property and other rights apply in the context of linking on the web, with specific...

Produced in partnership with Toby Headdon of Bristows 23rd Nov

Practice notes

IP issues in 3D printing

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...

Produced in partnership with David Knight of Fieldfisher LLP 23rd Nov

In-house

Practice notes

Website blocking orders

BackgroundThe ability to block websites is within the power of the internet service providers (ISPs) who provide the service of connecting users to...

Produced in partnership with Daniel Byrne of AA Thornton 23rd Nov

Practice notes

Orphan works

The orphan works problem—backgroundOrphan works are those copyright works where the rights holder is not known or cannot be located and include, by...

Produced in partnership with Simon Clark and Jake Palmer of Bristows 23rd Nov

Practice notes

Sale of counterfeit goods online

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...

23rd Nov

Practice notes

Collecting societies

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...

23rd Nov

In-house

Practice notes

Copyright in designs

This Practice Note examines the complex relationship between copyright and designs. For more information about designs law and copyright law, see:...

23rd Nov

Practice notes

Copyright criminal offences

For offences that have more of a public policy angle such as those involving counterfeit goods and piracy, it is possible to bring criminal as well as...

23rd Nov

Practice notes

Copyright infringement

The Copyright, Designs and Patents Act 1988 (CDPA 1988) gives the copyright owner exclusive rights in the UK to carry out various acts in relation to...

23rd Nov

In-house

Practice notes

Copyright assignment and licensing

Copyright is a property right and may be transferred by assignment, testamentary disposition or by the requirements of law such as on...

23rd Nov

Practice notes

Valuing IP

IntroductionValuation is required at many points in the lifecycle of an intellectual property (IP) asset, and for many different purposes,...

Produced in partnership with Anne Fairpo of Temple Tax Chambers 23rd Nov

Practice notes

Transferring and licensing copyright—commercial issues

Copyright in a protected work can be licensed, assigned or otherwise transferred by testamentary disposition or operation of law. This Practice Note...

23rd Nov

Practice notes

Copyright—subsistence and qualification

Qualifying for copyright protectionCopyright recognises the intellectual creation of an author when a work is created. The law is set out mainly in...

23rd Nov