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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Copyright - Ashley Wilde Group Ltd. v BCPL Limited

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Jane Lambert

Intellectual Property Enterprise Court (Judge Melissa Clarke) Ashley Wilde Group Ltd v BCPL Ltd [2019] EWHC 3166 (IPEC) (21 Nov2019)

This was an action for infringement of copyright in a prototype for a bed linen range.  An example of a duvet cover from that range appears at the top of the above photo together with an example of the allegedly infringing item at the bottom. The claimant's product, known as "Evangeline" was sold as part of the "Kylie Minogue at Home" range even though the prototype had been made by one of the claimant's employees and not by Kylie Minogue.   The defendant's, called "Amore", was under the "Buy Caprice Home" brand even though it had been designed not by the Caprice in question (the celebrity Caprice Bourret) but by a freelance designer.

In her judgment of 21 Nov 2019, Her Honour Judge Melissa Clarke dismissed the claim on the ground that there had been no copying.  She also made some importan…
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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.

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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.
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