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Law360, London: Musicians may sample other works in their songs without explicit permission from the original creator in certain circumstances, the...
Life Sciences analysis: The question for the court was essentially: does the historic Court of Justice decision of Medeva (C-322/10 ) apply such that...
MLex: With patent litigation ever expanding—and determinations of fair, reasonable and non-discriminatory (FRAND) licensing rates for...
This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These...
Introduction to passing offUnlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from...
Trade mark infringementRights conferred by a trade mark registrationThe registration of a trade mark gives the owner the exclusive right to prevent...
Copyright—authorship and ownershipThe Copyright, Designs and Patents Act 1988 (CDPA 1988) defines the author of a work as the person who created it....
Passing off—goodwill, misrepresentation and damageWhat is passing off?Passing off is a common law tort which protects rights that are not capable of...
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
Glossary—Latin legal termsDespite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order:Latin
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