Crown copyright meaning

In this issue Designs Patents IP and technology Daily and weekly news alerts Dates for your diary Trackers Useful information Designs EU design reforms prompt a portfolio review. Law360 notes that in-house IP teams should start examining their organisations’ design portfolios in light of soon-to-arrive, strengthened European design reforms to future-proof their IP approach. See: EU design reforms signal its time to review portfolios. Court of Appeal rejects appeal in design conspiracy case (Iqbal v City of Wolverhampton Council). The challenge to conviction and sentence for conspiracies involving counterfeit goods and the unauthorised copying of a design under section 35ZA of the Registered Designs Act 1949 was dismissed. The defendants received 31 months’ imprisonment on each count, to run concurrently. The Court of Appeal upheld the Crown Court’s convictions and sentences. See: [2025] EWCA Crim 498. Patents Patents Court strikes out claim against the Comptroller (Ahmad v Comptroller General of Patents). The Patents Court...

Courtenay-Smith and another company v The Notting Hill Shopping Bag Company Ltd and others [2025] EWHC 1793 (IPEC) What are the practical implications of this case? This ruling has significant day-to-day effects for businesses, especially those that hold and administer IP via company structures: management of IP rights when a company is dissolved—the judgment underlines the danger of forfeiting valuable IP, including trade marks and goodwill, on dissolution. If rights aren’t secured or assigned, they can vest in the Crown as bona vacantia and be irretrievably lost, even if the entity is later restored. Always complete transfers before dissolution, or seek swift recovery through the Bona Vacantia Division valid renewal of trade marks—the renewal was found invalid because it was filed by someone without title (the mark had vested in the Crown). Registry acceptance is not decisive; a court may overturn it when contested. Always confirm proprietorship before renewing or enforcing a trade mark, particularly after dissolution or restructuring restoration doesn’t automatically revive...

See Q&A: Can a solicitor certify copies of a birth, marriage or death certificate where the document for copying is an official copy of the relevant register? A certified copy is a precise, full and up‑to‑date reproduction—typically a photocopy—of an original record. It does not attest that the original is genuine, authentic or suitable for the purpose for which it was issued; it affirms that the copy is a faithful reproduction of the original shown to the person certifying it (for example, a solicitor or notary). If the item being reproduced is an official birth, death, marriage or civil partnership certificate (‘official certificates’), a copy endorsed by a solicitor or notary cannot be used as evidence of the event to which the document...

Power to bring a private prosecution A private prosecution is initiated by an individual, company or organisation acting independently of the police, the Crown Prosecution Service (CPS) or any other public prosecuting body. Section 6(1) of the Prosecution of Offences Act 1985 (POA 1985) safeguards the ability of a private person to commence and run criminal proceedings. A broad spectrum of offences is routinely pursued through such actions, often by specialist bodies and charities. Notably, the courts have repeatedly acknowledged this as a significant right within the justice system. Charities, including the Royal Society for the Prevention of Cruelty to Animals (RSPCA), bring cases privately. Organisations such as the Federation against Copyright Theft and the British music industry pursue misuse of intellectual property through private prosecutions. The Financial Conduct Authority (FCA) has also exercised this route, acting in the capacity of a private individual to prosecute matters outside its direct statutory remit (see R v Rollins). Taken together, these examples illustrate...

The Copyright, Designs and Patents Act 1988 (CDPA 1988) states that the author of a work is the individual who brings it into being. The creator is not invariably the proprietor of a work, though, as a rule, they hold the initial copyright unless the work is produced in the course of employment (see below), when the employer takes it. Knowing who the author is matters across much of copyright law. For instance, the duration of protection typically runs by reference to the author’s lifetime; authors may assert moral rights; and protection might not subsist at all unless the author holds the requisite qualifying status. Identifying the owner of the copyright is also crucial; as a matter of prudence, title and ownership ought to be confirmed before acquiring or taking a licence of a work. Ownership is equally central in infringement disputes, because only the copyright proprietor (or an exclusive licensee) may bring proceedings against alleged infringers. Authorship Authorship in primary and secondary works For works created...

This Practice Note outlines the key legal and practical considerations for rights owners and their advisers when deciding whether to pursue a private prosecution for counterfeiting or piracy. It also examines the advantages of criminal action, the categories of offences and potential hazards, and sets out an overview of the principal phases of a prosecution together with the pertinent legal and procedural issues that might arise in practice. This Practice Note focuses on England and Wales; rules differ slightly in Scotland and Northern Ireland. Why prosecute? Certain infringements are treated as criminal offences under the Trade Marks Act 1994 (TMA 1994), the Copyright, Designs and Patents Act 1988 (CDPA 1988) and the Registered Designs Act 1949 (RDA 1949). Proceedings for these offences may, from time to time, be instituted by a range of bodies (eg the Crown Prosecution Service (CPS) and Trading Standards), and by ‘any person’, encompassing corporate as well as natural persons. Repeat offenders and organised criminals commonly copy, counterfeit and pirate protected goods. Activity may...