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Showing posts with the label qualification

Copyright - Wright v BTC Core

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Author Satoshi Nakamoto Copyright released   Jane Lambert Court of Appeal (Lady Justice Asplin and Lord Justices Arnold and Warby)  Wright and others v BTC Core and others (Rev1) [2023] EWCA Civ 868 (20 July 2023) This was an appeal against Mr Justice Mellor's refusal in   Wright and others v BTC Core and others  [2023] EWHC 222 (Ch) (7 Feb 2023 to permit service outside England and Wales of claim forms alleging copyright infringement.  The claimants were Craig Steven Wright who claims to have created  Bitcoin  and two of Dr Wright's companies.  Bitcoin is a  cryptocurrency  that is attributed to one  Satoshi Nakamoto .  Dr Wright claims to be Mr Nakamoto.  The defendants are companies and individuals from around the world who are accused of copying matter known as "the Bitcoin File Format."  Dr Wright and his companies say that copyright subsists in the Bitcoin File Format and claim ownership on ...

A New British Geographical Indications Regime after Brexit

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Author Dominik Hundhammer Licence CC BY-SA 3.0 Source Wikipedia Jane Lambert In Geographical Indications   I quoted the WIPO definition  of a geographical indication ("GI") as  "a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin".   I also stated that the UK has an international obligation to protect such signs under art 22 (2)  of the TRIPS Agreement which is annexed to the WTO Agreement as Annex 1C. In Geographical Indications after Brexit   6 Oct 2018 NIPC Branding I noted that this country had discharged that obligation through EU legislation and that the UK will need to establish its own GI regime in order to comply with art 22 (2) TRIPS whether it leaves the EU with or without a withdrawal agreement.  On 5 Fev 2019 the Department for Environment, Food and Rural Affairs ("DEFRA") published Protecting food and drink names if there's no Brexit dea...

Copyright: What is meant by "the Author"

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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...