Infringement of copyright meaning

Consider the nature of the IP right From a lender’s standpoint, use this checklist to pinpoint key points when taking IP as security and the steps to implement it... Identify the IP right and applicable law; patents, trade marks, registered designs and copyright can be mortgaged or charged... Select security: a legal mortgage (assignment plus redemption and exclusive licence‑back) offers stronger control than a fixed charge; for charges, restrict disposals and hold an executed undated assignment in escrow (verify foreign recognition)... Confirm ownership, term, existing security, licences and third‑party interests; demand warranties and title evidence, especially for unregistered rights... Assess validity and maintenance: search prior rights, check renewals and genuine use, monitor infringement, review litigation; obtain professional opinions where needed... Value the right and routes on default (licensing or sale); add complementary assets if required... Cover associated rights and materials: unregistered marks/goodwill (only with the business), unregistered designs, database right, know‑how/confidential information, domain names, and software/source code with escrow... Register...

More staff and freelancers are now working from home on a regular basis. Consequently, more material is produced at home and uploaded or circulated online—for instance, teachers sharing with their pupils via video platforms. Where content is made in this setting, consider who owns the IP, any use of third‑party works, and potential breaches of third‑party rights. For more detail on matters raised by this Checklist, consult the following Practice Notes: Copyright—protectable works Copyright—authorship and ownership Copyright & associated rights—overview Copyright infringement Copyright—secondary infringement Intellectual property—remedies Copyright—permitted acts and defences Joint ownership of intellectual property rights Use the third column to note observations or remarks while progressing through the Checklist. Checklist | Further information | Notes (if any) Copyright origination ☐ Pinpoint the copyright work. Copyright is unregistered and arises automatically once a qualifying work is created...

Applying for a website blocking order This Checklist summarises the key matters to consider when seeking a website blocking order (WBO). A WBO can be a practical option for rights holders where a site has been identified that infringes copyright, registered trade marks or other rights, but the website owner/operator cannot be identified and/or is outside the jurisdiction. WBOs provide notable flexibility: if the site owner/operator tries to evade the blocks applied by internet service providers (ISPs), the ISP can be notified and the measures adjusted to address that attempt without needing a further court order. No prior finding of infringement against the website owner/operator is required. The owner/operator also does not need to be joined as a party to the proceedings. For additional guidance, use this Checklist alongside Practice Note: Website blocking orders. The third column can be used to record observations or comments as the Checklist is worked through. Checklist — Further information — Notes (if any) Considerations before applying Consider whether the...

Stage 1—preparing to bring a claim and pre-action matters Guidance on infringement, defences, ownership, injunctions, running disputes, and the Business and Property Courts Disclosure Scheme; cease and desist precedent; timetable checklist; key forms; IP insurance. Stage 2—letter of claim alleging copyright infringement Guidance on infringement, drafting letters of claim, unjustified threats and remedies, with precedents for standard and peer‑to‑peer infringement letters. Stage 3—commencing proceedings Notes on infringement, secondary infringement, permitted acts, remedies, criminal offences, the Business and Property Courts and the Disclosure Scheme; pleadings/initial disclosure precedents; Disclosure/IPEC flow tools; CPR claim/defence/settlement/default forms. Stage 4—case management Guidance on running disputes, costs management and the Disclosure Scheme; checklist; Chancery, Patents Court and IPEC Guides; Mitchell v NGN; core case‑management and disclosure forms. Stage 5—disclosure and evidence Notes on e‑disclosure, witness statements and the Disclosure Scheme; PD 57AC for Business and Property Courts trial statements (not...

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In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Intellectual property International Sale and supply of goods Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—17 January 2024 The Driver Vehicle Standards Agency (DVSA) lodged a complaint with the Advertising Standards Authority (ASA) about statements on www.escooters4less.co.uk—an online seller of electric scooters—concerning e-scooters and their illegality. The ASA upheld the complaint. See: LNB News 17/01/2024 63... ASA to regulate online advertising of less healthy food and drink products Ofcom has designated the Advertising Standards Authority (ASA) to regulate online advertising of less healthy food and drink products, using its designation powers under the Communications Act 2003. Ofcom is satisfied that, among other considerations, the ASA is a fit and proper body, has adequate financial resources to ensure the effective performance of the Designated Functions, and will...

In this issue: Horizon scanning Recruitment Public sector Pay Tax Protected characteristics Equality of terms (equal pay) Whistleblowing Employee duties and restrictions on competition Unfair dismissal Employment Tribunals Dates for your diary Trackers New Q&As Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Government U-turns on day-one unfair dismissal rights and announces compensation cap ‘will be lifted’ On 27 November 2025, the Department for Business and Trade (DBT) confirmed that, following a round of ‘constructive conversations’ with trade unions and business representatives, the discussions settled on a ‘workable package’: shortening the unfair dismissal qualifying period from two years to six months, while preserving existing day-one protection against discrimination and for automatically unfair reasons for dismissal. To reinforce these safeguards, the government further pledged that any alteration to the unfair dismissal qualifying period will only be possible through primary legislation,...

In a keenly awaited ruling, the High Court decided that WaterRower (UK) Ltd could not press infringement actions against competing rowing machine manufacturer Liking Ltd, as it lacked any copyright in its own design in this dispute. The court found that the prototype WaterRower devised by John Duke might qualify as an original work for the purposes of EU law, yet it did not amount to a work of ‘artistic craftsmanship’ within the meaning of the UK’s Copyright, Designs and Patents Act 1988. Deputy Judge Campbell Forsyth stated that Mr Duke applied his expertise to build the prototype and that it possesses visual appeal, but concluded that, in doing so, he did not act with the attributes of an artist craftsman. Advisers from Gunnercooke, who represented Liking in the dispute, hailed the decision as ‘one of the most important developments in the IP industry this year’. Representatives of WaterRower did not promptly respond to a request for comment on 11 November 2024. WaterRower initially sued...

What is a television format? A television format is the blueprint or underlying premise for a television programme or a series of programmes, expressed in a distinct manner and usually built around signature elements (for example, music, branding, or a specific setting) that are replicated in each episode. Within the unscripted arena, game show formats are especially prevalent, while partially scripted reality series such as ‘Love Island’ and ‘Big Brother’ demonstrate how successful formats can be exploited in the UK and also tailored for use in international markets. ‘Downton Abbey’ exemplifies a successful scripted series, founded on an original format developed by Julian Fellowes. Fresh television formats can also arise where the characters, plots, and environments of an existing work are transformed so extensively that a new, original format is created. Notable instances include the US series ‘Elementary’ and the UK’s ‘Sherlock’, both of which diverge substantially from Arthur Conan Doyle’s Sherlock Holmes. Format rights carry significant commercial and creative importance in the UK and abroad and can...

The Red Bus case, Temple Island Collections v New English Teas, was determined in what was then the Patents County Court (PCC) in January 2012, and it engages with the scope and reach of photographic copyright. The judgment has been the focus of considerable discussion, alongside a degree of criticism, in particular, because it appears to call into doubt a cardinal proposition of copyright law: that there is no copyright in an idea. Temple Island therefore squarely addresses the ambit of copyright protection. Although the PCC (now known as the Intellectual Property Enterprise Court) was an 'inferior' forum whose decisions carried no binding force on higher courts, copyright disputes that proceed all the way to a full trial are comparatively uncommon, and for that reason this case has been notably influential. Factual background Temple Island Collections (TIC) specialises in the design, manufacture and supply of souvenir gift items bearing a British theme. In 2010, TIC commenced copyright infringement proceedings in the PCC against New English Teas (NET). NET...

What design protection is available in the UK? Design rights safeguard the shape, configuration or appearance of the whole or any part of a product or article, rather than its functional features. The purpose of design law is to specifically deter others from making products that closely follow the design or otherwise produce the very same overall impression as the original design. The design rights currently available in the UK are as follows: namely UK registered designs (including re-registered designs and re-registered international designs) UK unregistered design right (also known as design right) Supplementary unregistered design right (SUD) Each of these rights differs in qualifying criteria, scope and the duration of protection. For more information, see Practice Note: Comparison tables for design protection available in the UK. Before Brexit, the UK designs regime was substantially harmonised with the EU regime then. The Designs Directive (Directive 98/71/EC) harmonised the requirements for national registered design protection across the EU. It was...

This Agreement is entered into on [ date ] Parties [ insert name ], a company incorporated in England and Wales, with registered number [ insert company number ] and registered office at [ insert address ] ( Licensor ); [ insert name ], a company incorporated in England and Wales, with registered number [ insert company number ], and registered office at [ insert address ] ( Licensee ) (Each of the Licensor and the Licensee is a party and, collectively, the Licensor and the Licensee are the parties.) Background The Licensor is the [ registered ] owner of certain trade marks [ , copyright ] [ and designs ] concerning [ insert character name ], the well-known fictional character[ s ] as appearing in [ insert details of relevant film, cartoon, comic book, computer game etc ]. The Licensee is [ insert background to licence/relevant transaction ]. The Licensor has agreed to grant a...

[ Alleged infringer’s name and address ] [ Date ] Dear [ insert name ] [ Insert title of the letter here, which should refer to the IP rights relied on, eg ‘UK trade mark registration number XYZ’ ’ ] [ I am OR We are ] acting for and representing [ name and address of the right holder ]. [ Name of the right holder ] is [ insert background information about the right holder— eg details of their business/products/services/works/inventions/designs ]...

Case No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ] Before: Date: BETWEEN: [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant ORDER UPON the hearing of claim [ insert claim number ] before [ Mr OR Mrs OR Miss OR [ insert other ] ] Justice [ insert name ] on [ insert trial date ]; AND UPON judgment in the claim being handed down on [ insert date ]; AND UPON the Court determining that the Claimant succeeds on its complaint of copyright infringement; AND UPON HEARING [ insert name ], counsel for the Claimant, and [ insert name ], counsel for the Defendant; IT IS ORDERED THAT: Declaration Copyright exists in [ insert details of work ] (the Work) and the Claimant is the proprietor of...