Intellectual property litigation funding

Litigation Funding   Factors to Consider   The range of commercial situations in which a legal dispute may arise is vast. Equally there are a range of commercial decisions which need to be made when legal disputes do arise. Not least of these is funding.   The following deals with some of the factors that…

Calculating damages in IP claims

The Assessment of damages- “the exercise of a sound imagination and the practice of the broad axe” The aim of damages, in relation to intellectual property rights infringement, is to put the injured party back into the position he would have been in, had there never been an infringement in the first place. There are…

Groundless threats of breach of IP

Groundless Threats – the Reforms Following an investigation by the Law Commission the UK government recently published a press release on the issue of “groundless threats” in relation to patents, registered / unregistered design right and trade marks (copyright doesn’t have any threats provisions). The Problem Intellectual property rights are important to businesses. If they…

What is personal confidential information

Don’t mention the war It may surprise you to read that under English law and unlike in the USA, there is no absolute right to keep personal information confidential. However, over the years, case law has developed to a point where, under certain circumstances, a person has the right to keep certain information private. Confidence…

Data protection with mobile apps

As part of a global body, 26 privacy regulators from across the world have surveyed 1,211 mobile apps to investigate the transparency of their privacy practices. Of those, the UK’s Information Commissioner’s Office (the ICO) was responsible for studying 50 of the top apps released by UK developers. Out of the results, most notable was…

Music Industry Copyright

On 1 October 2014, the Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 came into force, implementing Article 5(2)(b) of the Copyright Directive (2001/29/EC) to provide, for the first time in UK law, an exception to copyright infringement for the purposes of private copying. This new exception allows individuals in the…

Image Rights – Rihanna

Rihanna’s image is protected under the ‘umbrella’ of passing off The Court of Appeal dismissed Topshop’s appeal, confirming that its sale of the t-shirt bearing Rihanna’s image amounted to passing off. Topshop started selling a t-shirt in 2012 which had on the front an image of a photograph taken of Rihanna by an independent photographer.…