US Court of Appeals for the Ninth Circuit rules in favour of the Bob Marley estate in the Jammin Java Trade mark licence Coffee Case.
What is copyright?
Copyright is a property right given to the creator of original work. The range of original work in which copyright subsists is quite substantial. These rights are awarded automatically and how long they last is dependent on the type of work protected. In the UK literary, dramatic, musical and artistic works have copyright lasting 70 years from the end of the calendar year in which the author of the work dies. Copyright can also extend to other countries through an international agreement such as the Berne Convention.
The General Court of the Court of Justice of the European Union has ruled that German sporting goods manufacturer Adidas (HQ: Herzogenaurach, Germany) may oppose the registration of EU trade mark applications depicting two parallel stripes on shoes, affirming earlier decisions by the European Union Intellectual Property Office (EUIPO).
On 1 October 2013, the Patents County Court, was renamed the Intellectual Property Enterprise Court (IPEC) and given a specialist listing within the Chancery Division of the High Court.
Originally introduced in 1990 as a court for low value patent disputes, the court has undergone a series of transformative changes following reforms in 2010, designed to provide a low-cost speedier route which individuals or businesses can use to enforce their patents.
The following are some of the main benefits of the Intellectual Property Enterprise Court (IPEC):-
- Recoverable costs capped at £50,000.
- A trial hearings time-limit of 1-2 days.
- Better case management.
- A cap on damages of £500,000.
Obviously, there will be certain cases too complex for these simplified procedures, and such can still be litigated at the Patents Court division of the High Court. Further cases where the amount sought is greater than £500,000 can still be brought to the Patents court. However, the Intellectual Property Enterprise Court (IPEC) will be a more attractive option for SME’s and individuals keen for an cost-effective, efficient and simplified procedure through which to obtain redress.