Recently in Intellectual Property Law Category

A new law passed by Parliament will allow images to be reproduced without their owner's permission when the owner cannot be contacted, angering photographers who believe their copyright ownership of original works has been devalued, reports the BBC.

The law of copyright protects original works including the written word, paintings, drawings and photographs from unauthorised reproduction. It is a cornerstone of intellectual property law, allowing the creator of a piece of work to automatically assert legal ownership over it, without the need to contact a lawyer or register the existence of the piece.

However, photographers believe that this right has been thrown into jeopardy by a new law passed by Parliament and given Royal Assent on 25 April 2013.

A new EU law designed to streamline the patent application process looks set to aid UK entrepreneurs by allowing them to register a single EU-wide patent applicable to all EU countries for around £600, reports The Independent.

The Business Secretary Vince Cable will this week sign the UK up to new European legislation designed to streamline the process for obtaining EU-wide patent protection for ideas and innovations.

At present, a UK inventor must apply for patent validation in each EU country separately via the European Patent Office, enduring the associated administrative process and costs. It is estimated that obtaining EU-wide patent protection can cost up to £20,000 at present.

The Russian punk band 'Pussy Riot' are believed to have just three months to contest a trademark registration that would allow merchandise including lingerie and beachwear to be sold in their name for the benefit of their former attorney's wife, reports The Huffington Post.

'OOO Kinokompania Web-Bio' is a film production company owned by Natalia Kharitonova, the wife of the band's former lawyer.

The company filed an application at the Intellectual Property Office on 28 December 2012 to trademark the name 'Pussy Riot' in the marketing of various products.

The Government has announced that it will relax digital copyright law to allow the making of digital copies of music and films for personal use.

At the moment it is illegal under UK law to reproduce copyright material, even if it is for your own personal use.

The law prevents music owners from ripping songs from a CD to their MP3 player, or from transferring ebooks, music, films and games from one of their devices to another.

A proxy website launched by minor political party, the Pirate Party UK, has been closed down, after lawyers representing the British Phonographic Industry threatened it with legal action.

Earlier in 2012 the UK High Court ruled that the website The Pirate Bay must be closed down in the UK and asked the leading internet service providers to block access to the site.

The Pirate Bay offers users the opportunity to illegally access copyright material for free, without the permission of the copyright owner.

Internet piracy looks set to face further challenges after the British Phonographic Industry (BPI), the body that represents the music industry in the UK, announced it will take the Pirate Party UK to court to block ongoing access to banned site, the Pirate Bay.

The popular internet piracy site, The Pirate Bay was shut down by the High Court in April 2012 after it ruled that the site infringed copyright laws.

Internet Service Providers including Virgin Media and Sky were told to block access to the site.

A broadband television service, 'YouView' chaired by Lord Sugar has lost a High Court Intellectual Property case, after the court ruled that its name was too similar to that of 'Your View', a business to business service operated by Gloucestershire communications company, Total.

YouView started its life under the name Project Canvas, an Internet Protocol Television service (IPTV) originally conceived by the BBC.

Subsequently all the major UK television channels jumped on board, including ITV, Channel 4 and Channel 5. The company also has links with TalkTalk, BT and transmission firm Arquiva. The service launched to customers in September 2012.

Confectionary giant Cadbury has won a High Court legal battle against rivals Nestlé for the right to prevent other confectioners from copying its distinctive purple wrapping.

Cadbury first used the purple colour on its Dairy Milk wrapper in 1914, as a tribute to the late Queen Victoria.

They first applied to the Intellectual Property Office to register Pantone 2865c, the specific purple hue, back in 2004.

Buskers in the city of Liverpool have launched a legal bid to challenge a local law which allows police to stop any buskers who they believe are not good enough.

The law has created what are being called 'Simon Cowell cops' as the police are essentially judging musicians before deciding whether they should be allowed to continue.

The rule, which forms part of the city council's Street Management Plan, has sparked controversy, with buskers in the city starting a 'Keep Streets Live' campaign with backing from local lawyers. Now the group plan to launch a judicial review of the policy which they believe amounts to 'restrictive terms and conditions'.

A Southampton pub is at the heart of a dispute over copyright law after falling out with the American owners of the marketing rights to the forthcoming film adaptation of JRR Tolkien's The Hobbit, the Saul Zaentz Company (SCZ).

The Hobbit pub in Portswood has carried its name for well over 20 years, and enjoys its association with the famous book, offering themed 'Frodo' and 'Gandalf' cocktails on its menu and showing the face of the film star Elijah Wood on its student loyalty card.

However, the pub attracted attention from the major American corporation, who commenced legal proceedings to ask the pub to cease infringing their worldwide copyright over several brands associated with JRR Tolkien.

Plans to implement a common system for patents across the EU could be delayed due to a row over the role of the European Court of Justice in the new legal arrangements.

The plans have been in discussion for nearly thirty years, with the main aim of bringing harmony to EU-wide intellectual property law and cut costs. At the moment an EU patent costs around ten times that of one secured in the US due to the cost of translation.

Last week leaders finally reached an agreement, but with a vote in the EU Parliament looming it now appears that the agreement has changed.

Victor Willis, the policeman from the band The Village People has won a ruling in a California court which entitles him to claim royalties for dozens of the band's hit songs.

The band was made famous in the late seventies and early eighties by their camp disco classics which included 'Y.M.C.A' and 'Go West'.

Willis won a battle to claim partial ownership of dozens of tracks after a California judge ruled that he could terminate a decades-old publishing deal. The judgment allows Willis to earn royalties on the songs, which for years had been paid to a publisher.

Bosses at the high-street discount clothing store, Primark, have announced that they are to take legal action against an Iranian clothes store which has just opened on one of the main shopping streets in Dubai.

The store boldly displays the Primark logo, in the same Primark blue, and opened without any permission from the international clothing brand.

The Iranian businessman behind the store is Yaqoub Hatami. He and four partners opened the store, claiming that they have never heard of Primark, and that the matching logo and livery was pure coincidence.

Phonographic Performance (Ireland) Limited (PPL) has clarified its position on copyright infringement, following a ruling by the European Court of Justice (ECJ) in March which seemed to authorise the playing of music in waiting rooms, even if the owner of the copyright had not given permission.

The case in question concerned an Italian dental clinic run by Turin-based dentist Marco Del Corso.

Mr Del Corso was sued by an Italian copyright agency, Societa Consortile Forografici (SCF) after playing music in his waiting room without paying a royalty.

Internet service providers BT and TalkTalk have lost their legal battle to appeal against certain provisions of the Government's proposed Digital Economy Act, paving the way for the entire Act to become law. The Court of Appeal dismissed the claims, ruling that the Act is compatible with European law.

BT and TalkTalk were appealing a judicial review which was conducted in 2011.

Under the proposed legal changes, Internet Service Providers (ISPs) will be required to send out warning letters to customers who engage in illegal file-sharing. The letters will explain the law and will threaten termination of service for those who repeatedly infringe.