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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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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Parallel Importer

Parallel importer – the European Pharma Case. It’s been a long time coming, but I’ve finally got round to reviewing this important appeal judgment for parallel importers. I had actually prepared the notes for this article at the beginning of March 2015, however being gratefully inundated with work, I’ve only found the time, on a Saturday in April to finish the job. So here goes! The judgment this article reviews is in the case of – Speciality European Pharma Ltd Claimant/Respondent v. (1) Doncaster Pharmaceutical Comp Ltd (2) Madaus GMBH Defendant/Respondent – Appeal Judgment 06/02/2015. The case concerns the free movement of goods and services within the European Union (EU) and the potential of brand owners to use trade mark law to prohibit imports.

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