Running Intellectual Property Litigation In England

This article sets out an overview of running an intellectual property dispute in England, it considers the initial matters that should be dealt with and forming a clear strategy from the outset as how to run the litigation.

Risks/Benefits analysis of litigating?
1. The first thing to consider is whether the proposed defendant has the financial means to pay legal costs and/or damages if your proposed litigation is successful.

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Copyright in Logos

Copyright in logos was considered recently by the Intellectual Property Enterprise Court. Once again IPEC has contributed another very helpful decision to English law for businesses related to the Internet by way of another judgment from His Honour Judge Richard Hacon.

The case is Atelier Eighty Two Limited and Klinworx Climbing Centre CIC and 2 other defendants [2015] EWHC 2291 (IPEC).

The dispute was about ownership of copyright in logos but it affects all creative design and development work including website design and development.

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Song writing credits copyright splits?

Song writing credits copyright splits where recently clarified by the Intellectual Property Enterprise Court in the Touch Sensitive Case. About a month ago, on the 20 May 2015, Miss Recorder Amanda Michaels sitting as deputy enterprise judge at the Intellectual Property Enterprise Court handed down judgment in yet another dispute issued in the IPEC regarding song writing credits and royalty splits. The case is called (1) Minder Music Limited (2) Julia Adamson -and- Steven Sharples [2015] EWHC 1454 Minder Music Limited was the first claimant, Julia Adamson the second and Steven Sharples the defendant.

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What is actually copyrightable?

What is actually copyrightable? In a recent IPEC case the issue of what is actually copyrightable arose. Most copyright cases are mostly consumed with what is actually copyrightable? Only about four of the first few reported intellectual property cases of 2015 have caught my attention enough to be worth a quick article review, McCormack Trading v. Goldmark Trading is definitely one of them.

SO WHAT IS ACTUALLY COPYRIGHTABLE? Judgment was handed down by His Honour Judge Hacon on the 22 January 2015. The judgment is worthy of note for the specific reason that the firm gets a lot of copyright related enquiries from authors/owners of – books, TV commission proposals, film scripts, websites and mobile apps to name a few. Naturally I explain that only certain works are capable of copyright protection and there are other hurdles including original authorship to get over. What McCormack does is to give an actual recent working example of how copyright works in practice.

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