Licensing Update - IPR in business (April 2003)

Arsenal wins on replay (Arsenal v Reed CA [2003] EWCA Civ96)

Court of Appeal affirms ECJ decision. Unauthorised products bearing Arsenal's name could not be sold by a trader, even if it was clear that they were not official AFC merchandise. Judgement in Arsenal's favour because Reed's use was such as would be perceived by some customers as a designation of origin. See Court of Appeal judgement on www.courtservice.gov.uk/judgmentsfiles/j1751/arsenal_v_reed.htm

OK's exclusivity in Douglas/Zeta-Jones wedding photos upheld on basis of trade secret rights.
High Court 11th April 2003.

The High Court found Hello! Magazine to be liable for breach of confidence, without need for any new 'privacy' law. Hello! published photographs obtained by an intruder. The contract with OK magazine was based on commercial 'trade secret' rights and Hello! acted 'unconscionably'. The position would have been less strong if only private/personal confidentiality was involved. Full decision at: http://www.courtservice.gov.uk/judgmentsfiles/j1700/douglas_v_hello.htm

• IBTG International Ltd v Acambis plc (ALL ER (D) 299 Feb). Agreement relating to assignment and an option to a licence. Claimant entitled to certain payments because definition of gross turnover encompassed turnover of whole group in each year.

• Coflexip v Stolt Offshore Ms Ltd and others (13/03/03). Enquiry as to damages (loss of reasonable royalty) following successful patent infringement proceedings the claimant (exclusive licensee) would be required to re-plead claims for economic loss.

• UK Patent Office is considering in 2003 how best to encourage the use of ADR in IP disputes.
  See www.patent.gov.uk/about/ippd/issues/adr.htm

• Sony Music Entertainment (UK) Ltd & Others v Easyinternetcafe Ltd (28/01/03). Proprietor of internet cafes liable for breach of copyright in respect of CD burning service if provided in circumstances where owner of the copyright in the sound recording had not licensed the defendant to make a CD-R copy of its work.

• Website www.royaltiesreunited.co.uk lists over 25,000 musicians due royalties from sound recordings that have received airplay. Phonographic Performance Ltd (PPL) has money collected from the users of sound recordings for distribution.

• Noel Redding, bass player with the Jimi Hendrix experience is suing Experience Hendrix, the company that oversees the estate of Jimi Hendrix for around £3.26 M for past and ongoing royalties.

• Copyright (Certificate of Licensing Scheme for Educational Recording of Broadcasts & Cable Programmes) (Educational Recording Agency Ltd) (Amendment) Order 2003 amends SI 1990/879 to give effect to variations to the licensing scheme.

• One stop internet resource for the biotechnology industry launched on 12 March. The site www.i-bio.gov.uk creates a single point of access to information on industry, academia, investment and a regulation atlas for biotech businesses.

• Companies can apply to take part in the new wireless broadband auction for licences at 3.4 GHz. Closing date is 14 April and licences will be granted in June. Full details of and timetable for auction process can be found at www.radio.gov.uk

• Find a guide to the 6th EC Framework Programme (FP6) on www.ipr-helpdesk.org. Site also compares FP6 with predecessor FP5 including ownership and licensing IPR ("access rights")