Licensing Update - IPR in business (June 2005)

• Hyperion Records Ltd v Lionel Sawkins (19/05/05). The production of a new performing work edition of the score of an out-of-copyright composer was capable of copyright protection.

  See: www.hmcourts-service.gov.uk/HMCSJudgments/View.do?id=2636&index=0&maxIndex=0&s

• The £100 Million April 2005 technology funding (19/05/05) part of the DTI Technology Programme is now open to UK businesses. Thereby the Government supports businesses investing in new and emerging technologies. A Technology Strategy Board, comprising mainly experienced business leaders, will identify the new and emerging technologies critical to the growth of the UK economy into which government funding and activities can be directed.

  Further information can be found at: www.dti.gov.uk/technologyprogramme

• Michael Douglas & Catherine Zeta-Jones & Northern Shell PLC v Hello! Ltd & Ors. (18/05/05). A publisher which had a licence to publish authorised photographs of the wedding reception of Douglas and Zeta-Jones had no right of confidence in photographs taken by an unauthorised photographer and published in a rival magazine.

  See: www.hmcourts-service.gov.uk/HMCSJudgments/View.do?id=2226&index=8&maxIndex=45&

• Pearson Education Ltd v Prentice Hall of India Private Ltd [2005] EWHC 655 (QB). The assignee of copyright licence agreements governed by English law was granted permission to serve proceedings out of the jurisdiction because England was the more appropriate forum.

  The dispute between the parties concerned the defendant Indian publishing company's right to print, publish and sell English language copies of a number of copyright works in India. The agreements contained a choice of law clause which provided for "United Kingdom" law. It was conceded that this should be construed as a reference to English law. There was no jurisdiction clause. The issues were suitable for determination by the English court, since they would have to be decided by reference to English law and concepts. Overall, it was clear that England was the appropriate forum.

• QR Sciences Ltd v BTG International Ltd [2005] All ER (D) 196 (Apr). The negotiations undertaken by the owner (defendant) to sell its patents to a third party did not trigger the exclusive licencees rights under the licence.

• The Office of Fair Trading has published a series of quick guides to competition law (08/04/05) to give small and medium sized businesses an introduction into how the OFT enforces competition law in the UK.

  The series of five guides, aimed at small and medium sized businesses in particular, includes 'Competing fairly' which provides a summary of the laws on anti-competitive behaviour and an overview of the other guides in the series. The other guides focus on specific areas of competition law enforcement under the Competition Act 1998, including investigations under the OFT's formal powers, applying for leniency in cartel cases, guidance for purchasers in identifying cartel activity and how businesses can achieve compliance with competition law.

  The guides can be downloaded at: www.oft.gov.uk/News/Press+releases/2005/68-05.htm
  Free copies of the booklets can also be ordered by phoning 0800 389 3158 or emailing oft@ecgroup.uk.com

• Phonographic Performance Ltd v Stephen Russell Reader (22/03/05). The court awarded as additional damages, in addition to costs of the enquiry agents, an amount equal to the unpaid copyright licence fees. The claimant, Phonographic Performance Ltd, protects and enforces the rights of copyright owners and artists. It is assigned the copyright in almost all sound recordings in the UK. By granting licences to play recordings in public it collects the fees on behalf of the copyright owners.

  The defendant is a club owner who was found guilty of copyright infringement in 1999 because of failure to pay the required fee. In the following, the defendant obtained a licence but in April 2004 again failed to renew it. Thereupon the claimant sent enquiry agents to the defendant's club who observed again an infringement.

• Artpower Ltd v Bespoke Couture Ltd & Ozwald Boateng (21/03/05). The court determined preliminary issues relating to breach of a licence agreement and compensation payable under a side letter.