NIPC Law

Author The Lud   Licence Copyright waiver   Jane Lambert Chancery Division (Lord Justice Warby) Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 1245 (Ch) (12 May 2021) At a directions hearing before Lord Justice Warby on 5 May 2021, His Lordship granted summary judgment to the Duchess of Sussex in her claim for copyright infringement against the publisher of The Mail on Sunday and The Mail Online. He made a number of consequential orders and gave directions for the taking of an account of profits.  His judgment in  Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 1245 (Ch) (12 May 2021) sets out the reasons for those orders and directions. The Litigation The Duchess of Sussex sued Associated Newspapers because The Mail on Sunday and The Mail Online published large extracts of a letter that she wrote to her father.  Her causes of action were misuse of private information, breach of her statutory rights under the Data Protection Act 1998 and ...

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...

Jane Lambert Bhayani and Another v Taylor Bracewell LLP [2016] EWHC 3360 (IPEC) (22 Dec 2016) In  Reckitt and Colman Products Ltd v Borden Inc, and Others ,  [1990] 1 WLR 491, [1990] RPC 341, [1990] 1 All ER 873, [1990] WLR 491, [1990] UKHL 12 discussed the elements of an action for passing off. The first of those elements was  "a goodwill or reputation attached to the goods or services which he supplies in the mind of the purchasing public by association with the identifying "get-up" (whether it consists simply of a brand name or a trade description, or the individual features of labelling or packaging) under which his particular goods or services are offered to the public, such that the get-up is recognised by the public as distinctive specifically of the plaintiff's goods or services." His Honour Judge Hacon considered that element in the above-mentioned case .  This was an application by Taylor Bracewell LLP for summary judgment ...

Branwell Brontë's Self Portrait Source Wikipedia Jane Lambert 21 Sept 2008   Revised 29 July 2017 It is important to identify the author of a work for two reasons. The first of those reasons is that the nationality or residence of the author may determine whether copyright subsists in a work at all. S.1 (3) of the Copyright, Designs and Patents Act 1988 ( "the CDPA" )  provides: "Copyright does not subsist in a work unless the requirements of this Part with respect to qualification for copyright protection are met (see section 153 and the provisions referred to there)." If you scroll down to s.153 (1) you will find that copyright does not subsist in a work unless certain qualification requirements are satisfied as regards the author , the country in which the work was first published, or in the case of a broadcast, the country from which the broadcast was made. The second reason why it is important to know the identi...