IP Glossary: A

Revised 25 Jan and 15 May 2017
Account of Profits
A remedy for infringement of an IPR. Assessment of the profits that a wrongdoer has gained from his or her wrongdoing.
Anticipation
One of the grounds upon which a patent can be revoked. Essentially that the invention is not new. In Synthon BV v. Smithkline Beecham plc (20 Oct 2005) [2006] 1 All ER 685, [2005] UKHL 59, [2006] RPC 10, the House of Lords said that anticipation requires an enabling disclosure of subject-matter which, when performed, must necessarily infringe the patented invention.
Appointed Person
Appeal tribunal from hearing officers’ decisions.
Artistic Work
S.4 (1) of the CDPA defines an artistic work as a graphic work, photograph, sculpture or collage, irrespective of artistic quality, a work of architecture being a building or a model for a building, or a work of artistic craftsmanship. “Graphic work” includes any painting, drawing, diagram, map, chart or plan, any engraving, etching, lithograph, woodcut or similar work.
Artist’s Resale Right
The right of an artist to claim a portion of subsequent sales of certain types of artistic works.
Assignment
The transfer of the intellectual property rights of one party known as the assignor to the other party known as the assignee.
Author
The person who creates a copyright work.

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What to do about the new Practice Direction - Pre-Action Conduct

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CPR 63.20 (2) requires those bringing claims in the Intellectual Property Enterprise Court ("IPEC") including the small claims track to state whether they have complied with paragraph 7.1(1) and Annex A (paragraph 2) of the Practice Direction (Pre-Action Conduct). If they don't the defendant has an extra 28 days in which to file his or her defence under CPR 63.22 (3). But if you actually turn to the Practice Direction - Pre-Action Conduct you will find that the old paragraph 7 and Annex A aren't there any more.

That is because the practice direction was updated on 29 April 2015. In their place, paragraph 6 provides:

"Steps before issuing a claim at court
6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance shou…
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Software Patents: January Patents Limited's Application

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As I have to present a talk for our seminar on Software Patents after Symbian and Bilski in Liverpool on 5 Feb 2009 I thought I would have a look at the Comptroller's decisions since Symbian Ltd v Comptroller-General[2008] EWCA Civ 1066 to see whether there had been any change in the Office's approach to software and business method patents since the CA's decision.
The official line from the IPO is that this case has not made much difference.   In "Applying the Aerotel/Macrossan Test" the Office revisited four cases that had been decided before Symbian and concluded that they would have been decided in exactly the same way now.  And yet I wonder. Only one case has come before an hearing officer since Symbian and that was a win for the applicant.
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Tasty - Levola Hengelo BV v Smilde Foods BV

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Jane Lambert

Court of Justice of the European Union ( K. Lenaerts, President, R. Silva de Lapuerta, Vice-President, J.-C. Bonichot, A. Arabadjiev, M. Vilaras (Rapporteur), E. Regan, T. von Danwitz and C. Toader, Presidents of Chamber, A. Rosas, E. Juhász, M. Ilešič, M. Safjan, C.G. Fernlund, C. Vajda and S. Rodin, Judges) C-310/17, Levola Hengelo BV v Smilde Foods BV ECLI:EU:C:2018:899, [2018] EUECJ C-310/17, EU:C:2018:899 (13 Nov 2018)


This is one of the most remarkable cases that I have ever read.   It is important because it greatly increases the range of creations in which copyright can subsist.   I first thought it was a bit of a joke because that is how it was presented in the press (see  Food taste 'not protected by copyright' rules EU court13 Nov 2018 BBC website).  Now I see its potential for all the creative industries.

The owner of the intellectual property rights in a spreadable dip called Heks'nkass sued Smilde Foods for infringing its copyright in the taste of…
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