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Showing posts from September, 2015

Damages for infringing Copyright in Photographs - Absolute Lofts v Artisan Home Improvements

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Judge Hacon's decision in Absolute Lofts South West London Ltd v Artisan Home Improvements Ltd and Another [2015] EWHC 2608 (IPEC) (14 Sept 2015) is an interesting authority on how to assess damages for infringement of the copyrights subsisting in photographs. In this case His Honour considered the principles for assessing both compensatory and additional damages.

The Parties

Absolute Lofts South Wset London Ltd ("Absolute Lofts") claims to be  the largest loft conversion company in Greater London while Artisan Home Improvements Limited ("Artisan") offers fascias, block paving and loft conversions in Bradford. The owner of Absolute Lofts was  Craig Colton ("Mr Colton") and the owner of Artisan  Darren Ludbrook ("Mr Ludbrook").

The Facts

At various times Mr  Colton had taken photographs of loft conversions that his company has completed and posted them to its website as examples of its handiwork. Mr Ludbrook downloaded 21 of Mr Coltron's ph…

The Pregabalin Trial: Generics (UK) Ltd v Warner-Lambert Company LLC

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According to drugs.com, pregabalin is an anti-epileptic drug which works by slowing down impulses in the brain that cause seizures. A European patent for the drug was granted to Warner-Lambert Co, LLC ("Warner-Lambert")(now a subsidiary ofPfizer Inc.) under EP number 0 641 330. That patent expired on 17 May 2013 but was extended by a supplementary protection certificate ("SPC") until 17 May 2018. That SPC was allowed to lapse on 14 Oct 2013 and Warner-Lambert's data exclusivity in respect of the data used to obtain the marketing authorisation for prehabalin expired on 8 July 2014. Since then anybody has been free to make, import or sell pregabalin for treating epilepsy and generalized anxiety disorder in the United Kingdom and several companies including some of the parties to these proceedings have done just that.

Drugs.com notes that pregabalin also affects chemicals in the brain that send pain signals across the nervous system. It can therefore be used to c…