Intellectual Property know how

Competition law and the cultural industries: is there now a “social” exemption?

Collective agreements between unions and employers setting minimum rates of pay which are intended to improve working conditions of employees generally fall outside the scope of competition law.   So trades unions can agree minimum fees for their members without fear of fines for breaches of the prohibition on cartels. But what about collective agreements entered […]


Legal Update: Vidal-Hall and Others v Google Inc

Last month, the Court of Appeal handed down judgment in Vidal-Hall and Others v Google. The appeal was only on preliminary issues and it looks like there will be a subsequent appeal before the substantive matter reaches trial. However, this decision is likely to have a far-reaching impact on UK data protection and privacy law. […]

Privatise BBC Three? – I don’t believe it

This article was first published on Lexis®PSL IP & IT on 28 January 2015. Could private bidders buy a chunk of the BBC and stop BBC Three from becoming an internet-only channel? Paul Herbert, head of media, technology and communications at Goodman Derrick LLP, considers the challenges the bidders are likely to face. Background In […]


Intellectual Property Act 2014: A Summary of the Key Provisions

The Intellectual Property Act 2014 (IPA 2014) came into force on 1 October 2014. It aims to modernise copyright law and help designers and patent-holders protect their IP. It is hoped that the changes will support business innovation and bring clarity to the scope of protection afforded by design rights. Many of the changes will […]

Copyright: Hyperlinking And The Right Of Communication To The Public

Svensson and others v Retriever Sverige AB Overview Linking is the practice of posting clickable links on the internet which lead to content posted elsewhere. Under s20 of the Copyright, Designs and Patents Act 1988 (“CDPA”), it is prohibited to communicate to the public by electronic transmission the whole or a substantial part of a […]


European Commission Confirms Validity of Exclusive Broadcasting Rights Agreements

In its Green Paper entitled “Preparing for a fully converged audio visual world” published in the Spring of this year, the Commission gave its gloss on the famous FAPL judgment of the European Court of Justice (Judgment of 4 October 2011). The Court’s judgment had cast doubt on the validity of exclusive broadcasting agreements on […]

The Music Plays On – Extended Copyright Protection for Performers

The Intellectual Property Office has published its analysis of responses to the draft amendments to the Copyright, Designs and Patents Act 1988 extending copyright protection for performers and in sound recordings.


Design Copyright Reform: The Hargreaves Process Bears Further Fruit?

In all the excitement about the (not very significant) changes to digital copyright law brought about by the Hargreaves process, commercially significant changes to UK Design Law have been overlooked

Hargreaves: Changes to Protection of Copyright Protected Works

On 20 December 2012 the Government published its final response to the Copyright Consultation following the recommendations made in the Hargreaves Review. What changes can we expect and what has been the reaction to the proposals?


Infringement of Copyright in Non-Fiction Works: From Luxembourg to Darlington

Jonathan Haydn-Williams considers three significant court decisions concerning infringement of copyright in factual or historical literary works. In the first, the European Court introduced a new test for infringement, which the second and third have blended into English law. As a result, reproducing even small extracts of news articles may amount to infringement and a headline may in itself attract copyright protection. The third case concerns the story of “Flipper”, a disabled supporter of Darlington Football Club.

Landmark Judgment in Fight Against Online Piracy: BT Forced to Block Access to Newzbin2

The Motion Picture Association (MPA), which represents a number of Hollywood film studios, has been successful in its application to the High Court to prevent BT from allowing its ISP customers to access the Newzbin2 website. The landmark judgment was handed down on 28 July 2011 by Mr Justice Arnold. The MPA argued that the […]