IP Glossary: C



The Division of the High Court of Justice that hears and determines intellectual property cases.
The rules and practice of the Senior Courts and County Court of England and Wales.
Claims
Numbered paragraphs at the end of a specification which sets out the features of the invention.
Community Design
The right to prevent others from using a registered Community design or an unregistered Community design conferred by the Community Design Regulation.
Community Design Regulation
Confidante
A person who receives information in confidence.
Confidence
An obligation owed by a confidante to a confider neither to use nor disclose confidential information without the confider’s consent.
Confidential Information
Information disclosed to a confidante by a confider in confidence.
Confider
A person who discloses information to a confidante in confidence.
Copyright
An IPR. The right to prevent others from copying, publishing, renting, lending or otherwise making available or adapting a copyright work without the licence of the copyright owner.
A codification of copyright, rights in performances and design right law in the UK together with substantial amendments to the Registered Designs Act 1949 and other matters.
Copyright work
A work in which copyright subsists such as an original artistic, dramatic, literary or musical work, broadcast, film, sound recording or typographical arrangement of a published edition.
Costs
A contribution assessed by the court to the legal fees and other expenses that a party incurs in bringing or defending proceedings
Counterfeiting
Trade mark infringement on an industrial scale.
Court of Justice of the European Union (“CJEU”)
A court established by the EU treaties to determine points of EU law. Formerly known as the European Court of Justice (“ECJ”).
The provisions of the CPR dealing with IP proceedings,
Creativity
In the context of copyright and rights related to copyright, literary and artistic works in the widest sense including performances by actors, musicians, singers and dancers.   Literary works include computer programs, databases and directories. Artistic works include the applied arts and design as well as films and sound recordings.

Popular posts from this blog

Copyright in Photographs: Temple Island Collections and Creation Records

Image
In our very first NIPC newsletter which we published in June 1997 I wrote a case note on Mr. Justice Lloyd's decision in  Creation Records Ltd. and Others v News Group Newspapers Ltd   [1997] EMLR 444, [1997] EWHC Ch 370, (1997) 16 Tr LR 544. In that case Mr. Noel Gallagher of Oasis and others applied for an interlocutory injunction to restrain The Sun from offering for sale and selling a poster of Oasis that featured a photo of an elaborate set that included a white Rolls Royce in a country club swimming pool. The Sun's photograph was very similar to the photograph that appeared on an Oasis album cover. The similarity arose because The Sun's photographer shot the same scene at roughly the same time and from the same angle as Mr. Gallagher's photographer but he did not reproduce any part of Oasis's print or negative. The learned judge held that the plaintiffs had no arguable case for infringement of copyright though he accepted that they had an arguable case for br
Read more

Copyright: Primary Infirngement - Copying

The right to copy a copyright work is restricted to the copyright owner by s.2 (1) and s.16 (1) (a) of the  Copyright, Designs and Patents Act 1988 . The restriction applies to every description of copyright work though different provisions apply to different types of work (s.17 (1)). This right to restrict copying is referred to as the right of reproduction in art 9 of the Bern Convention and art 2 of the "Copyright in the Information Society" or  Copyright and Related Rights Directive  (Directive 2001/29). Literary Musical, Dramatic or Artistic Works Copying in relation to an artistic, dramatic, literary or musical work  work means reproducing the work in any material form including storing the work in any medium by electronic means. In the case of an artistic work this includes making a copy in 3 dimensions of a 2 dimensional work and the making of a copy in 3 dimensions of a 3 dimensional work. Films and Broadcasts S.17 (4) of the 1988 Act as amended  includes within the
Read more

Patents - Gilead Sciences Inc v NuCana Plc

Image
  Jane Lamber t Patents Court  (Mr Justice Meade) G ilead Sciences Inc and another NuCana PLC  [2023] EWHC 611 (Pat) (21 March 2023) This was an action by Gilead Sciences Inc. and its British subsidiary Gilead Sciences Ltd ("Gilead") for revocation of two European Patents (UK) that had been granted to NuCana Plc ("NoCana"), namely  EP 2 955 190 B1 (“EP190”)  and   EP 3 904 365 B1 (“EP365”) .  NuCana complained that Gilead's product  sofosbuvir  infringed its patents. Mr Justice Meade, who tried the action, could see no real defence to the counterclaim if the claims of the patents were valid. Grounds of Revocation Gilead sought revocation of the patents on the following grounds: Added matter in that the  Markush group definitions of the claims  of the patents are not clearly and unambiguously disclosed in the original application; Lack of plausibility in that the Patents do not plausibly disclose any technical contribution common to substantially all the claimed
Read more