Cases You Should Have Heard Of

Contract
[2010] EWCA Civ 1145

Copyright

Licensing

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Copyright in Photographs: Temple Island Collections and Creation Records

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In our very first NIPC newsletter which we published in June 1997 I wrote a case note on Mr. Justice Lloyd's decision in  Creation Records Ltd. and Others v News Group Newspapers Ltd   [1997] EMLR 444, [1997] EWHC Ch 370, (1997) 16 Tr LR 544. In that case Mr. Noel Gallagher of Oasis and others applied for an interlocutory injunction to restrain The Sun from offering for sale and selling a poster of Oasis that featured a photo of an elaborate set that included a white Rolls Royce in a country club swimming pool. The Sun's photograph was very similar to the photograph that appeared on an Oasis album cover. The similarity arose because The Sun's photographer shot the same scene at roughly the same time and from the same angle as Mr. Gallagher's photographer but he did not reproduce any part of Oasis's print or negative. The learned judge held that the plaintiffs had no arguable case for infringement of copyright though he accepted that they had an arguable case for br...
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The Lambert Toolkit - Templates for Collaboration between Businesses and Universities

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Sir Richard Lambert Author FT Licence CC BY 2.0   Source Wikipedia Richard Lambert J ane Lambert Much of the research into COVID-19  is being undertaken by universities in collaboration with biotech and pharmaceutical companies. Collaboration between businesses and universities has been particularly successful in the USA where it has resulted in Silicon Valley and the Boston to Cambridge life sciences cluster.  There have been similar developments in other countries, notably China, Israel and South Korea. The former Chancellor of the Exchequer. Gordon Brown understood the importance of collaboration between businesses and universities. In 2002 he arranged for the Treasury, Department for Education and Skills and Department for Trade and Industry to commission Richard Lambert to report on business and university collaboration (see HM Treasury press release " Government welcomes Business - University Collaboration Review" 4 Dec 2003). Lambert...
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Practice - Ocean On Land Technology (UK) Ltd and Another v Land and Others

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Lobster Author Bart Btaun   Licence Public Domain   Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court  (Pat Treacy)  Ocean On Land Technology (UK) Ltd and Another v Land and Others [2024] EWHC 396 (IPEC) (4 March 2024) On 16 Jan 2024, Ms Pat Treacy, sitting as a deputy judge of the High Court, heard the following applications in an action for breach of contract and patent and trade mark infringement. The claimants applied to strike out certain paragraphs of the first and second defendants' witness statements.  Alternatively, they sought permission to reply to those paragraphs if those passages were not struck out. The defendants also sought permission to adduce additional evidence in reply to one of the claimants' witness statements.  Ms Treacy handed down her judgment in   Ocean On Land Technology (UK) Ltd and another Land and other s [2024] EWHC 396 (IPEC) on 4 March 2024. The Litigation The first and second d...
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