Bristows

This Practice Note sets out the intellectual property and competition law issues which may arise in connection with character merchandising (ie the practice of licensing the name or likeness of a character for use in the marketing of goods or services, which will usually require the licensing of trade marks and/or copyright) in the EU. It considers issues which may arise pursuant to Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), as well as possible block exemptions or individual exemptions that might apply.

This Practice Note sets out the intellectual property and competition law issues which may arise in connection with character merchandising (ie the practice of licensing the name or likeness of a character for use in the marketing of goods or services, which will usually require the licensing of trade marks and/or copyright) in the UK. It considers issues which may arise pursuant to Chapter I of the Competition Act 1998 and also considers the continuing relevance of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). It covers possible block exemptions or individual exemptions that might apply. It also considers the interaction between competition law and the tort of passing off.

Comparative advertising is any advertising which explicitly or by implication identifies a competitor or goods or services offered by a competitor. This Practice Note considers the conditions which must be satisfied in order for comparative advertising to be lawful, and discusses the interplay between comparative advertising and trade mark infringement.

This Practice Note examines competition law in relation to copyright exploitation under EU law. It covers exhaustion of rights and parallel trade within the EEA including an examination of Article 101 TFEU and copyright licensing. Vertical agreements and exclusive licences are considered covering absolute territorial protection, geo-blocking, tying and bundling, as are horizontal agreements covering collective licensing and joint selling. The relationship between copyright exploitation and Article 102 TFEU is also considered.

This Practice Note considers film and television copyright issues relating to the underlying works encountered during the making of a film. It covers literary works such as scripts, biographies, characters, set design and location, photographs, the right to privacy of certain photographs or films, music, and performances. This Practice Note also covers copyright permitted acts or exceptions that may apply when various works are included in a film—including fair dealing exceptions, incidental inclusion, reporting court proceedings, filming in a public place, and public interest.

This Practice Note considers copyright issues relating to film and television. It reviews key legislation covering: the definition of a film, the definition of the author of a film, qualifying requirements, the term of protection, the EU Term Directive, soundtracks, broadcast rights and moral rights in relation to films.

This Practice Note deals with the civil remedies available to a successful party following a copyright infringement claim. It examines the statutory basis to and applicable case law on injunctions, damages or an account of profits, innocent infringement, delivery up, destruction and seizure, declaratory relief, dissemination and publication of the judgment, other interim relief, costs and interest. This Practice Note also provides some explanation of remedies for infringement of moral and performance rights, concurrent rights, the Intellectual Property Enterprise Court and criminal offences.

This Practice Note sets out some of the key intellectual property (IP) issues that should be considered when setting up a joint venture (JV). This Practice Note considers the scenario where two organisations (parent companies) set up a JV which is a separate legal entity (eg a company or a limited liability partnership), which they jointly own. It does not consider the IP issues that arise in contractual collaborations (where there is no separate legal entity).

The Internet of Things is the term given to everyday objects, smart devices and connected devices connected to the internet. This Practice Note provides context and an explanation of the Internet of Things or IoT, providing an introduction to the technology, current and future implementations and key legal issues related to its implementation.

This Practice Note discusses the key practical points to consider prior to drafting and during the negotiation of an intellectual property licence (IP licence), from both a licensor’s and a licensee’s perspective. It discusses the key terms of an IP licence, including sub-licences, payment terms, improvements to the licensed IP, warranties, representations and indemnities, and the prosecution, maintenance enforcement and defence of the licensed IP. It also looks at the termination of IP licences and considers compulsory licences, collective licensing, SEPs and FRAND licence terms and the registration of IP licences.

This Practice Note deals with the manner in which copyright and other intellectual property (IP) rights apply in the context of linking on the web, with specific regard to the perspective of a website operator. It covers linking terminology such as hyperlinking, deep linking, embedded linking, inline linking, and framing. It also deals with linking in relation to the communication to the public right, technical access restrictions on a website, hyperlinking without the authorisation of the rights holder, website terms of use which restrict or limit linking, copyright protection for hyperlinks, website operator liability for infringement, linking and other IP rights, linking to defamatory material and linking and contractual restrictions on websites.

This Practice Note deals with orphan works and covers the background and implementation of orphan works legislation and licensing arrangements in the UK including coverage of the EU Orphan Works Directive, Directive 2012/28/EU, which was implemented in the UK by the Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014 and the now-repealed Copyright and Rights in Performances (Certain Permitted Uses of Orphan Works) Regulations 2014. The Practice Note covers: applying for a licence, making a diligent search, moral rights, appeals, use of revenues from orphan works and the impact of IP completion day on cultural heritage institutions and the UK Orphan Works Licensing Scheme.

This Practice Note introduces outsourcing deals and summarises the lifecycle of the typical outsourcing transaction, primarily from the customer's perspective. As this Practice Note focuses upon general commercial outsourcings; any industry, regulatory or specialist (eg technology) requirements are not dealt with in detail here.

This Practice Note is intended for reference when considering the inclusion of a product or service in a television or radio programme in return for consideration. It discusses the Ofcom Broadcasting Code, which sets out the rules that govern which types of products can be placed, which genres of programmes are permitted and how the products can be placed.

This Practice Note examines the two different types of second medical use claims (purpose-limited process ‘Swiss-form’ claims and purpose-limited product ‘EPC 2000’ claims), the differences between them and their enforcement in England and Wales. It also discusses the impact of the Supreme Court judgment in Warner-Lambert v Generics (UK) and Actavis.

This Practice Note addresses the role played by standard essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing in patent litigation before the Courts of England and Wales (the English Courts). In particular, this Practice Note considers the legal landscape following the UK Supreme Court decision handed down on 26 August 2020 in the conjoined Unwired Planet and Conversant appeals and the practical implications of this decision.

This is a precedent outsourcing agreement under which the customer appoints a supplier as an outsourced services provider. It is a long form outsourcing agreement drafted on a pro–customer basis and is suitable for use in both IT and non-IT related outsourcing transactions. For less complex transactions, the short form outsourcing agreement should be used.

This is a Precedent outsourcing agreement under which the customer appoints a supplier as an outsourced services provider of a particular business function of the customer. It is a short form outsourcing agreement generally drafted on a pro-customer basis and is suitable for use in both IT and non-IT related outsourcing transactions. For more complex transactions, the long form outsourcing agreement should be used.

This is a Precedent Particulars of Claim for use in relation to a claim for infringement of patents relating to technology said to be essential to an industry standard (standard essential patents (SEPs)) and as a consequence of said infringement, a claim for a fair, reasonable and non-discriminatory (FRAND) licence determination. The Particulars of Claim must set out briefly the acts the patent owner complains about and what relief it wants the court to order. The Particulars of Claim must be served with or soon after the claim. The claimant must serve as part of, or with, its Particulars of Claim, Particulars of Infringement showing which of the claims of the SEP are alleged to be infringed and setting out at least one instance of each type of infringement alleged.

This is a precedent set of prize promotion terms and conditions suitable for a simple prize competition or a free prize draw. The terms and conditions will assist in complying with the rules governing prize promotion advertising under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code).