Sarah Mountain

Partner, RPC

Sarah is a Partner in the IP and Technology team. With a particular focus on contentious and advisory matters, in the past 12 months Sarah has acted for various of the firm's key clients on strategic litigation and consultations.

Sarah's particular focus is on trade marks, copyright, passing off, designs and confidential information but she routinely supports clients on technology and commercial matters too. She has a wealth of litigation experience, having acted on large scale disputes with both a UK and international focus.

Sarah regularly authors articles on intellectual property and has been published in the Entertainment Law Review, the Distillers and Brewers Journals and Luxury Law. Last year, she presented at the Informa Connect IP Winter Law School on 'Trade Marks in the digital age", with an emphasis on trends within the ecommerce space and is due to speak there again this summer.

Contributed to

4

Practice notes

This Practice Note describes primary and secondary infringement of UK copyright. It covers the principles of infringement of copying the original source and similarity. Acts of primary copyright infringement are covered including the restricted acts of copying or reproduction (including computer programs), issuing or distributing, renting and lending, performing, playing or showing, communication to the public and adapting. Under the copying of the whole or a substantial part of the work, substantiality is covered.

Practice notes

This Practice Note examines authorship and ownership of copyright works. It covers determining authorship and explains joint and unknown authorship. Ownership of copyright is examined in relation to statutory presumptions as to ownership, employee and commissioned works, partnerships and joint owners.

Practice notes

This Practice Note deals with permitted acts and defences relating to copyright works. It covers copyright exceptions including personal copying for private use (now quashed); fair dealing for the purpose of research and private study, criticism and review, quotation, news reporting and caricature, parody or pastiche; temporary copies and incidental inclusion; education and libraries including e-books and e-lending; visual impairment; public administration, computer programs, and designs. So-called contract override provisions are examined in relation to copyright exceptions. The defences of: public interest, consent, copyright not subsisting, delay, anonymous works and buildings are also covered.

Practice notes

This Practice Note identifies types of work protected by copyright. Copyright works are categorised in the Copyright, Designs and Patents Act 1988. These categories of works are: original literary, dramatic, musical and artistic, film, sound recordings and broadcasts and typographical arrangements. This Practice Note examines examples of categories of works and considers a practical approach to categorisation under UK law in the light of EU cases assimilated into UK law that suggest categorisation is not required.