Commercial Intellectual Property Law notes ready for exams 72%
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Course
LPC - Legal Practice Course
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LPC - Legal Practice Course
I achieved an 72 for my CLIP exams with these notes.
The notes are all based on BPP CLIP SGS's.
They provide structural answers to be used in the exam. All points that must be dealt with when answering a scenario based question for CLIP are covered.
Notes include all statutory references and...
copyright designs and patents act 1988 ‘cdpa’ • copyright is not registered
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LPC - Legal Practice Course
LPC - Legal Practice Course
LPC - Legal Practice Course
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COPYRIGHT
Designs and Patents Act 1988 (‘CDPA’)
Copyright is not registered
Copyright is not a monopoly right: cannot be infringed if person infringing have not seen the work
Territorial right
Similar rights
Moral rights
Database right
1. SUBSISTENCE OF COPYRIGHT
1.1. Identify the work
s.1(1)(a) Literary work: made out of words, literary merit not relevant
s.3(1) can be written, spoken, or sung
s.1(1)(a) and s.4 Artistic works
graphic work, photographs, sculpture, collage
three dimensions: sculpture, architecture, arthritis craftmanship
s.1(1) ( c) and s.8 typographical arrangement
layout and typesetting of a book, newspaper, journal which is a published edition
1.2. Fixation
fixation s.3(2) applied to literary work and, dramatic or musical work should be recorder in a document must be in
‘writing or otherwise’
1.3. Original s.1(1)(a)
The work must be original to be protected by copyright. Should not be copied from somewhere else.
Requires at least some skill labour and judgement
Derivative works: based on… can be protected by separate copyright as long as they are original
1.4. Establish duration
AUTHOR
- Author: person who creates the work s.9(1), human
- Term of copyright end of year in which author dies plus 70 years s12(2)
- Joint authorship s.10(1)
Special rule
s.15 Typographical, 25 years after the end of the year in which first edition was published
1.5. Ownership
First owner is the author s.11(1)
If an employee is the author and created the work in the course of his employment, employer is the owner
s.11(2)
Changes of ownership; it is possible to assign copyright, look at change of title
Commissioned work, author will own the copyright in the first instance
, 2. Infringement Act
Copying s.16(1)(a) and s.17
Issuing copies of work to the public (hard copy) s.16(1)(b) and s.18
Performing, showing or playing the work in public s.16(1) (c ) and s.19
Communicating a work to the public (broadcast, electronic means) s.16(1)(d) and s.20
Rent or lend work to the public s.16(1)(ba) and s.18A
Make adaptation of a work s.16(1)(e)
Making work available for public by electronic means s.16(1(d)/20(1)(a)/20(2)(b)
Storing in any electronic medium amounts to copying s.16(1)(a) and 17(2)
3. Comparison
Can you infer casual connection?
1. The defendant’s work was made at a time when defendant had access to the claimant’s work
2. Defendant’s work is objectively similar to claimant’s
Designer guild v Russel Williams
Casual connection: objective similarity
Objective similarity establishes PRIMA
- Identified copied features FACIE cases
- Compare the two works noting similarities and
differences
Copying inferred and burden of proof shifts
Has a substantial part of claimant’s work been used? S.16(3)
1. Quantity: large portion of original work appear copied word for word
2. Quality: did defendant copy a very important part of the work
Designer guild v Russel Williams
- Compare the works again to decide whether the connection relates to a substantial part
- Consider the features cumulative effect and their importance to claimant’s work
4. Defences for infringement
- Statutory fair dealing defence: defendants use is fair ss. 28 – 40
- Recording for purposes of time shifting s.70
- Temporary electronic copying s.28A
5. Remedies
- Injunction s.96
- Damages or account of profits ss.96 97
- Order to deliver up s.99
- Interim injunction/search order
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