These are the slides for a seminar on creative output that I gave on 30 Oct 2013.
"Creative output" for these purposes means works of art and literature and design. Works of art and literature connote visual and literary arts and performing arts. Investment in visual and literary arts are protected by copyright and performing arts by rights in performances.
Design means the design of products that are likely to be reproduced though not necessarily in a large scale, Design can be functional or ornamental. Functional designs are protected by unregistered design right. Ornamental designs that are new and have individual character can be protected by registration as registered designs or as registered Community designs. There is also 3 year protection throughout the EU against copying for designs that could be registered as registered or registered Community designs.
This presentation considers copyright: subsistence, qualification, title, duration, infringement, economic and moral rights. It also touches on rights in performances, design rights, registered designs and registered and unregistered Community designs.
When is it OK to reuse other people's photos or other contentJane Lambert
A talk on an issue upon which I am frequently consulted. Photographs are "artistic works" in which copyright is likely to subsist in the UK and around the work. Reproducing them without the copyright owner's permission is likely to infringe copyright with potentially serious consequences but there are exceptions and a lot of material is licensed on conditions.
When is it OK to reuse other people's photos or other contentJane Lambert
A talk on an issue upon which I am frequently consulted. Photographs are "artistic works" in which copyright is likely to subsist in the UK and around the work. Reproducing them without the copyright owner's permission is likely to infringe copyright with potentially serious consequences but there are exceptions and a lot of material is licensed on conditions.
The first owner of copyright in general is author (exceptions: works for hire,[3] Government works; s. 17).
The owner of copyright may assign the copyright (s. 18) or grant any interest in the copyright by license (s. 48). Licenses may also be granted by the Copyright Board (ss. 50–54).
Registration of copyright with the Copyright Office is not obligatory, but if registration has taken place the Register of Copyrights gives prima facie evidence of the particulars entered therein (s. 60).
Copyright is a form of IPR which is Intellectual Property Rights, applicable to certain forms of creative work. A copyright gives the creator of original works exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or works
Handout for the Introduction to Intellectual Property for Commercial LawyersJane Lambert
This is the handout for my talk to Manchester Trainee Solicitors Group on 29 April 2015. It highlights the main points of my presentation and provides space for attendees to make their own notes.
The first owner of copyright in general is author (exceptions: works for hire,[3] Government works; s. 17).
The owner of copyright may assign the copyright (s. 18) or grant any interest in the copyright by license (s. 48). Licenses may also be granted by the Copyright Board (ss. 50–54).
Registration of copyright with the Copyright Office is not obligatory, but if registration has taken place the Register of Copyrights gives prima facie evidence of the particulars entered therein (s. 60).
Copyright is a form of IPR which is Intellectual Property Rights, applicable to certain forms of creative work. A copyright gives the creator of original works exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or works
Handout for the Introduction to Intellectual Property for Commercial LawyersJane Lambert
This is the handout for my talk to Manchester Trainee Solicitors Group on 29 April 2015. It highlights the main points of my presentation and provides space for attendees to make their own notes.
WIPO Arbitration: Current Trends with Intellectual Property and Domain Name D...Jane Lambert
These are the slides of the presentation that my colleague, Joseph Dalby of the IP and Tech Law Group of 4-5 Gray's Inn Square, gave to the monthly arbitration forum of the Irish branch of the Chartered Institute of Arbitrators. Joseph had helped to set up the Irish domain name dispute resolution policy and he discussed it in some detail highlighting some of the differences between the Irish policy, the ICANN Universal Domain Name Dispute Resolution Policy ("UDRP"), the Nominet Dispute Resolution Service Policy and the Czech Court of Arbitration Rules for the resolution of disputes in the ".eu" top level domain name space. Joseph also discussed the legal issues likely to arise from the new generic top level domain names.
This is a small presentation used at Grails Meetup NYC community to introduce some main principles of both Grails and MongoDB and how it feels to work with they side by side.
An Introduction to Intellectual Property for Commercial LawyersJane Lambert
These are the slides of a presentation that I gave to the Manchester Trainee Solicitors Group at BPP Law School in Manchester on 29 April 2015. This was a mixed audience consisting of trainee solicitors and graduate students. Most were from the UK but there were a few from other countries. Some of the trainees were employed in IP or TMT departments of major law firms. Others were in company and commercial departments. In this talk I decided to talk about the treaties and policy that shape our IP statutes.
These are the slides for Howard Veares's presentation on the patent box. The presentation was delivered at a seminar on the patent box presented at the Liverpool embassy in London on 12 July. The seminar was chaired by Jane Lambert and the other speaker was Michael Sandys of Broudie Jackson Canter.
The Patents County Court Small Claims TrackJane Lambert
On 1 Oct 2012 CPR Part 63 was amended to create a new small claims track for the Patents County Court. This presentation explains why these rule changes are important and show how they may be operated.
Richard Campos's presentation to Sheffield Inventors Group on 4 July 2011. Explores every step of the way from concept, patenting, prototyping, testing, marketing and exploitation.
It is a subject taught in Mandsaur University, it includes copyrights, patents, geographical indications, plant variety, trademarks and various conventions and agreement related to IPR
These are the slides of a presentation to solicitors, barristers and others at 4-5 Gray;s Inn Square on 26 June 2013. It defines intellectual property ("IP") as the legal protection of intellectual assets ("IA") which are the brands, designs, technology or creative works that give a business a competitive advantage over its rivals. The study discusses how the law protects each of those assets: brands by designs, passing off, geographical indications and registered designs, for example,. and technology by patents, the law of confidence, unregistered design right, plant breeders rights and copyright. However, IP rights create monopolies and restraints of trade that are as harmful as any other. The law that creates these rights also regulates their subsistence and exercise. Thus, IP law strikes a balance between two conflicting interests: that of incentivizing creativity and innovation against promoting competition and freedom of trade. The tension between those two public interests has always existed and its appreciation is fundamental to understanding IP law. One instance where it appeared was in the Uruguay Round of negotiations of trade liberalization between 1986 and 1994 which led to the WTO agreement and TRIPS. Since 1994 IP protection has been one of the conditions of access to the markets of the leading industrial countries. TRIPS refers to four core treaties - Paris, Berne, Rome and Washington. These are the general protection treaties. Others, such as the PCT, Madrid and Hague, facilitate multiple patent, trade mark and registered design applications. There are classification agreements like Nice and Locarno and regional agreements like the European Patent Convention. The presentation considered the harmonization of European copyright, registered design and trade mark law and the Community trade mark and Community design regulations. It identified the core British statutes: the Patents Act 1977, Copyright, Designs and Patents Act 1988, the Trade Marks Act 1994 and the Registered Designs Act 1949. It discussed also some of the more important secondary legislation such as the Patents, Trade Marks and Registered Designs Rules. Finally, it identified some of the sources of law in print and on the internet listing the materials that can be downloaded from the IPO, EPO, OHIM, WIPO and other sites.
A slide on Intellectual Property Laws in India including Copyright, Patent, Trademark, Geographical Indication, Integrated Circuit Design, Industrial Design Trade secret and Protection of Plant Varieties.
RATIONALE OF COPYRIGHT PROTECTION
What is copyright?
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.
Why should copyright be protected?
Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity. The protection provided by copyright to the efforts of writers, artists, designers, dramatists, musicians, architects and producers of sound recordings, cinematograph films and computer software, creates an atmosphere conducive to creativity, which induces them to create more and motivates others to create.
Is it not true that strict application of the principle of protection of copyright hampers economic and cultural development of the society?
Yes. If copyright protection is applied rigidly, it can hamper progress of the society. However, copyright laws are enacted with necessary exceptions and limitations to ensure that a balance is maintained between the interests of the creators and of the community.
To strike an appropriate and viable balance between the rights of the copyright owners and the interests of the society as a whole, there are exceptions in the law. Many types of exploitation of work which are for social purposes such as education, religious ceremonies, and so on are exempted from the operation of the rights granted in the Act. Copyright in a work is considered as infringed only if a substantial part is made use of unauthorizedly. What is ‘substantial’ varies from case to case. More often than not, it is a matter of quality rather than quantity. For example, if a lyricist copy a very catching phrase from another lyricist’s song, there is likely to be infringement even if that phrase is very short.
Does the law allow any use of a work without permission of the owner of the copyright, and, if so, which are they?
Subject to certain conditions, a fair deal for research, study, criticism, review and news reporting, as well as use of works in library and schools and in the legislatures, is permitted without specific permission of the copyright owners. In order to protect the interests of users, some exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some of the exemptions are the uses of the work
1.
for the purpose of research or private study,
2.
for criticism or review,
3.
for reporting current events,
4.
in connection with judicial proceeding,
5.
performance by an amateur club or society if the performance is given to a non-paying audience, and
6.
the making of sound recordings of literary, dramatic or musical works under certain conditions.
What is the scope of protection in the Copyright Act,1957 ?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses. Unlike the case with patents, copyright protects the expressions and not the ideas. There is no copyright in an idea.
Does copyright apply to titles and names ?
Copyright does not ordinarily protect titles by themselves or names, short word combinations, slogans, short phrases, methods, plots or factual information. Copyright does not protect ideas or concepts. To get the protection of copyright a work must be original.
WORK
What is a work?
A work means any of the following , namely, a literary, dramatic, musical or artistic work
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
A checklist for litigants bringing or defending IP actions in the Small Claims Track of the Intellectual Property Enterprise Court.
This article covers the court's jurisdiction, its rules and practice, pleadings, disclosure and remedies
This article supplements IPEC Small claims Track Guide, CPR Parts 27 and 63 and the Part 27A and Part 63 Practice Directions.
In Nov 2015 a British private limited company registered the words YORUBA and Yoruba as UK trade marks for a wide range of goods and services. Nobody seems to have objected to the registration at the time. On 23 May 2021, another UK incorporated company called The Culture Tree protested vociferously. Many others around the world joined in. It appears that the registered proprietor has agreed to assign the registrations to The Culture Tree which has removed one objection. But should it have been possible to register the name of a nation of 70 million at all? What should be done to prevent issues of this kind in future?
Some background information for a dialogue with Carwyn Edwards on copyright and ICT organized by North Wales Tech and North Wales Creative on 21 April 2021,
Here are the slides of a presentation that I gave to the Barnsley Business Village on 19 Feb 2021. Unlike my earlier presentations, this was designed for business owners. I discussed what was meant by IP, why monopolies such as patents and exclusive rights such as copyrights were difficult to reconcile with the concept of a single market, the need for the approximation of laws and unitary IP rights and the arrangements made in the withdrawal agreement to continue to protect in the UK intellectual assets that were protected by EU intellectual property rights.
What every Business in Wales needs to know about Intellectual PropertyJane Lambert
On 9 Feb 2021, I gave a talk to the Menai Science Park Enterprise Hub entitled "What Every Business in Wales needs to know about Intellectual Property." I prepared these slides for the talk although I did not all of them. Instead, I asked them for their interests which seemed to be registering trade marks and registering designs.
What every business in Bradford needs to know about Intellectual PropertyJane Lambert
Yesterday, I was asked by Steve Ding of Webanbywhere to give the first presentation of the BradfordNetwork. I was delighted to accept that invitation because Steve ran a network for the creative sector in Bradford and Barnsley called Bmedi@ about 10 years ago. The network held talks with leading artists, designers, entrepreneurs, inventors and innovators from West Yorkshire and beyond and regular breakfast meetings at the Business and Innovation Centres in Barnsley. Those events were very well attended. Sadly Bmedi@ disbanded several years ago, It has been sorely missed ever since. At present the only events that can take place are online but the BradfordNetwork hopes to hold some live meetings in the Bmedi@ format with the same sort of speakers once the public health emergency is over.
On 26 Jan 2020, I have a talk over Zoom on "IP after Brexit". My slides are already on Slideshare. These are supplemented by this handout which covers:
- Art 50 of the Treaty of European Union
- The European Union (Withdrawal) Act 2019
- The statutory instruments made in anticipation of our exiting with a withdrawal agreement
- The withdrawal agreement
- The European Union (Withdrawal Agreement) Act 2020
- The Trade and Cooperation Agreement
- The European Union (Future Relationship) Act 2020.
These notes track every legislative change to the requirement in the withdrawal agreement. I also discuss changes to the law not effected by the withdrawal agreement and consider future development of our IP law.
At 23:00 on 31 Dec 2020 EU law ceased to apply to the UK including the Regulations establishing the EU Trade Mark, the Community Design and many other rights. A priority in the negotiations for the UK's withdrawal from the EU was the continued protection of the brands, designs and other intellectual assets that been protected by such rights. The withdrawal agreement entered in Jan 2020 provided for EU trade marks, Community designs, Community plant vaieties, database rights and supplementary protection certificates. This presentation considers the relevant provisions of the withdrawal agreementn and the statutes and secondary legislation which implemnted it. Such legislation is now bearing a great part of the UK's IP infrastructure.
These are the slides for a presentation that I shall deliver over Zoom on 2 Sept 2020 at 14:00. It discusses the judgment of the UK Supreme Court in Unwired Planet International Ltd r v Huawei Technologies (UK) Co Ltd [2020] UKSC 37 which was delivered on 26 Aug 2020.
These are the slides for my presentation to the Menai Science Park Enterprise Hub on 30 June 2020.
This presentation explains what is meant by intellectual property and why it is important to business.
It considers different types of IP:
- patents
- trade marks
- registered designs
- copyrights and related rights,
I talked about related rights and how they can be obtained and rights that arise automatically,
I discussed enforcement and sources of further information including the Business and IP Centres at the British Library and Liverpool.
Finally, I mentioned the network of IP experts to assist M-SParc tenants and others in North Wales.
The handout for the first module of my an introduction to English patent law. A patent is defined as "a monopoly of an invention". That proposition is unpacked to consider what is meant by "monopoly" and what is meant by "invention". These notes discuss the inventor's bargain with the public and its reflection in the specification, They explore what is meant by the teaching of the patent in the description and the monopoly in the claims,
This is the handout for the final module of my introduction to English patent law. It analyses s.60 (1) of the Patents Act 1977 in the light of s.125 (1). It considers para 4 of the Part 63 Practice Direction. It discusses Lord Diplock's judgment in Catnic It mentions s.125 (3) of the Patents Act, art 69 (1) EPC and the Protocol on Interpretation. It analyses Improver, Kirin Amgen, Eli Lilly v Actavis and Icescape. It discusses possible defences and threats actions.
This is the final module of my introduction to English patent law. It analyses s.60 (1) of the Patents Act 1977 in the light of s.125 (1). It considers para 4 of the Part 63 Practice Direction. It discusses Lord Diplock's judgment in Catnic It mentions s.125 (3) of the Patents Act, art 69 (1) EPC and the Protocol on Interpretation. It analyses Improver, Kirin Amgen, Eli Lilly v Actavis and Icescape. It discusses possible defences and threats actions.
Patents 101 Part 4 - Applying for a PatentJane Lambert
The handout to the fourth module of my introduction to English patent law. The procedure for applying for a UK patent and European patent (UK) and making PCT applications. Appeals to the Comptroller in the UK and the Boards of Appeal in the EPO. Entitlement and inventorship disputes,
Patents101 Part 4 - Applying for a PatentJane Lambert
The fourth module of my introduction to English patent law. The procedure for applying for a UK patent and European patent (UK) and making PCT applications. Appeals to the Comptroller in the UK and the Boards of Appeal in the EPO. Entitlement and inventorship disputes,
The handout for the third of my modules on English patent law. This one deals with patentability or the conditions for the grant of a patent, namely novelty, an inventive step, utility and no exclusion from patentability. On novelty, readers are introduced to the concept of the "state of the art" and the test of novelty in General Tire and Rubber v Firestone. As to inventiveness, they are introduced to the concepts of the skilled addressee and common general knowledge and the Supreme Court's decision in Actavis v ICOS. Finally, on excluded matter there is a very close look at the Aerotel and Macrpssan tests.
The third of my modules on English patent law. This one deals with patentability or the conditions for the grant of a patent, namely novelty, an inventive step, utility and no exclusion from patentability. On novelty, readers are introduced to the concept of the "state of the art" and the test of novelty in General Tire and Rubber v Firestone. As to inventiveness, they are introduced to the concepts of the skilled addressee and common general knowledge and the Supreme Court's decision in Actavis v ICOS. Finally, on excluded matter there is a very close look at the Aerotel and Macrossan tests.
The handout for the second module of my introduction to English patent law. This covers the sources of law, both legislation and the case law. The module focuses on the Patents Act 1977 and the European Patent Convention. It also introduces readers to the main sets of law reports for patent law, the Reports of Patent Cases ("RPC") and the Fleet Street Reports ("FSR").
The second module in my introduction to English patent law. Readers are introduced to the legislation and case law. A closer look at the Patents Act 1977, the Patents Rules 2007, the European Patent Convention, the Patents Court and the Intellectual Property Enterprise Court Guides. Readers are also introduced to the Reports of Patent Cases and the Fleet Street Reports.
The first module of my 5 part course on English patent law. This module defines a patent as a monopoly of an invention. it explains the difference between a monopoly and a right to prevent a particular act such as copying. It introduces readers to specifications and claims. It lays the foundation for the rest of the course.
1. Creative Output
Copyright, Related Rights and Designs
Jane Lambert
4-5 Gray’s Inn =
Square, Gray’s Inn, London WC1R 5AH
+44 (0)20 7404 5252
jlambert@nipclaw.com
www.4-5.co.uk
2. Introduction
● Intellectual assets: brands, design,
technology and works of art and literature
● Works of art and literature
○ Visual arts
○ Literary arts
○ Performing arts
● Designs
○ Functional
○ Decorative
3. Legal Protection of Art and Literature
● Visual and literary works are protected by
copyright (Part I of the Copyright, Design
and Patents Act 1988 (“CDPA”).
● Performances are protected by rights in
performances (Part II of the CDPA).
4. Designs
● Functional designs are protected by
unregistered design right (Part III of the
CDPA).
● Decorative designs are protected by
registration under the Registered Designs
Act 1949 or Community Design Directive or
as unregistered Community designs.
5. Copyright
● A property right which subsists in original
artistic, dramatic, literary and musical works,
broadcasts, films and sound-recordings and
typographical arrangements of published
editions (s.1 (1)).
● Can be assigned or transferred by will or
operation of law (s.90 (1)).
6. Copyright
Two conditions are required for the subsistence
of copyright:
● A work must fall within one of the categories
mentioned in s.1 (1).
● The qualification requirements of s.153 must
be fulfilled.
7. Copyright
Copyright can subsist in an artistic, dramatic,
literary or musical work only if it is original.
Originality is not defined in the Act but the case
law indicates that it is the application of at least
some independent skill and labour.
8. Copyright
S.153 (1) requires the author of a work to be a
“qualifying person” or the work to have been
first published or broadcasted from a “qualifying
country”.
9. Copyright
Qualifying persons are nationals or residents of
the UK, its territories or countries which are
designated as “qualifying countries” in an Order
of Council.
10. Copyright
HMG has power to designate any state which
protects the work of British nationals and
residents under its own copyright laws as a
“qualifying country”.
As most states belong to TRIPS, Berne or the
UCC most are “qualifying countries.”
11. Copyright
Copyright can be infringed in two ways:
● Primary infringement: doing or authorizing
any of the acts specified in s.16 (1); and
● Secondary infringement: importing, selling,
distributing infringing copies knowing or
having reason to believe them to be such as
well as certain other acts that facilitate
infringement.
12. Copyright
The exclusive rights conferred by copyright are
subject to the large number of exceptions that
are set out in Chapter III of Part I of the CDPA.
13. Copyright
The author of a work or his or her employer is
the first owner of copyright in a work (s.11 (1)
and (2) CDPA).
The author is the person who created the work
(the producer of a sound recording or the
principal director or producer of a film) (s.9 (1)
(2))
14. Copyright
Duration of copyright:
● Life of the author plus 70 years in the case
of an artistic, dramatic, literary or musical
work (s.12 (1) and (2));
● Life of the director, author of the screenplay
or dialogue or composer plus 70 years in the
case of a film (s.13B (1) and (2)).
15. Copyright
● 50 years from the end of the year in which a
broadcast or sound recording was made or
less in the case of certain foreign nationals
(s.13A (2) and s.14 (2)); and
● 25 years from the end of the year in which a
typographical arrangement was published (s.
15).
16. Copyright
Special provisions as to subsistence and
duration of copyright apply to copyright works
made by HM or Crown servants in the course
of their duties (s.163).
Such copyright is known as “Crown copyright.”
17. Copyright
● Remedies for infringement are damages,
injunctions and other remedies for
infringement of a property right (see s.96 (2)
but see Twentieth Century Fox Film Corp
and Others v Harris and Others
● Actions are brought in Chancery Division,
IPEC or certain county courts.
18. Copyright
Some infringements give rise to criminal liability
which are prosecuted by local authorities or
organizations like FACT and FAST.
Collecting societies act on behalf of groups of
copyright owners to enforce copyright.
Collective licensing regulated by Chapter VII of
Part I of CDPA.
19. Copyright
In addition to rights conferred by s.2 (1) which
are called “economic rights”, authors of certain
works are entitled to the following “moral
rights”:
● to be identified as author
● to object to derogatory treatment of works.
and
● right to privacy of certain photos and films
20. Copyright
Moral rights can be enforced by claim for
injunction or other relief under s.103.
Right to be identified has to be asserted.
Moral rights have to be taken into account
when drafting licences and other agreements.
21. Rights in Performances
Part II of the CDPA conferred a right to object
to broadcasting, filming or taping of their
performances known as a right in a
performance upon:
○ Performers: actors, dancers, musicians, singers
etc; and
○ Recording and film studios and broadcasters
with a right to record or broadcast the performance
22. Rights in Performances
Performers enjoy both:
● economic rights (rights to object to recording
or broadcasting without consent) and
● moral rights (rights to be identified as a
performer and to object to derogatory
treatment of performances).
23. Rights in Performances
● Qualification requirement for subsistence as
in copyright
● Enforceable by civil action in the Chancery
Division, IPEC or certain county courts
● Some infringements are also offences
● Subject to a number of exceptions
● Regulation of collective licences
24. Unregistered Design Right
● A new IP right which subsists in original
designs
● Design means shape or configuration of an
article or part of an article
● Replaced artistic copyright as a means of
protecting investment in industrial designs
● Conferred by Part III of the CDPA
25. Unregistered Design Rights
● UK is almost the only country in the world to
confer unregistered design right
● Qualification requirement which are met by
UK and EU nationals and residents but
almost nobody else
● Very short term: 15 years if not exploited or
10 years from end of year of creation
26. Unregistered Design Right
● Designer, his or her employer or person who
commissioned the design is the first owner
of a design right
● Design right subsists from the fixation of the
design in a design document or prototype
● Design right is infringed by making articles to
a design or a design document for such
purpose
27. Unregistered Design Right
● Design rights enforced by civil proceedings
in the Chancery Division, IPEC or certain
county courts
● No criminal liability for design right
infringement
● Threats action available for groundless
threats
● Licence of right available for last 5 years
28. Design Registration
Designs that are new and have individual
character may be registered for up to 25 years
as “registered designs” for the UK under the
Registered Designs Act 1949 or as “registered
Community designs” under the Community
design Regulation.
29. Design Registration
Applications for registration as “registered
designs” for the UK are made to the IPO.
Applications for registration as “registered
Community designs” are made to OHIM in
Alicante.
Registration confers a monopoly of the design.
30. Design Registration
Design rights are enforced by proceedings in
the Patents Court or IPEC only.
Threats action for groundless threats.
Clause 13 of Intellectual Property Bill will create
a new offence of infringing a registered design
by copying if passed.
31. Unregistered Community Design
Not to be confused with design right.
Designs that could be registered as registered
or registered Community designs enjoy 3 years
protection from copying throughout the EU.
Proceedings can be brought in Chancery
Division, IPEC and certain county courts