IP REVISION DAY

5 MARKS – SECTION A
Guideline – 2 mins to read and 7 to write = 9 mins per question. 4-5 paragraphs, roughly 1
page.
Trademarks - logo
copyright - image/text/verse
passing off - unregistered
bracelet with charms - charms is copyright or registered design and when put pandora on its a
TM 2 offence TM and copyright

• What is a Trademark?
A trade mark is a sign, badge of origin, indication of a brand. Guarantee of quality.
Can be registered or unregistered. If registered, protection is higher – can be a criminal offence
to infringe.
If unregistered, can take civil action for passing off, but still protected.
Marking schedule:
• must be capable of being graphically represented
• Capable of distinguishing goods or services.
• Property right. Protects brands, logos, figurative devices etc.
• Badge of trade origin – Arsenal v Reed.
• Registered by application to IPO, EUIPO, or WIPO.

Trade marks are badges of origin. They distinguish the goods or services of one trader from
another and can take many forms; for example words, slogans, logos, shapes, colours and
sounds. Trade marks are registered for specific goods or services within individual subjects,
known as classes. It is possible for others to register identical or similar marks as long as it is in
a different, unconnected class. e.g cars and clothing. There are 45 classes good and services.
They should not be (grounds for refusal) descriptive and must not include common surnames,
geographical names, devoid of character, registered company names or anything implying royal
patronage e.g flags
IPO - trademarks section and register
TM act 1994
how to register - uk iPO, OHIM, WIPO or unregistered - use
must not infringe pre existing TM rights
duration - unlimited but renew every 10 years
Infringements - use in the course of trader in relation to goods/services affixes to
goods/packaging, offer/expose to market, stocks goods, imports, exports, uses on business
papers
permitted - use of own name, geographical origins

remedies - Damages, injunction, delivery up, forfeiture, account of profits, removal of sign,
destruction, passing off - unregistered TM

offences - applying to goods, and applying to packaging, business papers, adverts. Articles
specificalls designed for making copies of a sign

defence - believed on reasonable grounds that use of sign, in manner used was not an
infringement of a registered TM

case law - Arsenal fc V reed, Lego V Mega Brands, Nestle V Cadbury (kitkat) - , Simba toys V
seven towers, London Taxi co V Faser nash (devoid of distinctiveness - absolute grounds for
refusal - tM act section 3 sets of rules)
NEstle (kitkat) EU case - no inherent distinctiveness. Trademarked in UK not EU.
Cadbury lost its trademark for shade of purple
Toblerone V poundland - trademarked shape - poundland settled out of court

• What is copyright?
Copyright is an IP right, to prevent someone else copying your work.
It protects 9 types of work: literary (written spoken sung), dramatic (plays, screenplays, scripts,
any work intending to be preformed), musical (notes on paper, any work consisting of music),
artistic (primary works - graphic, photo, sculpture)
pretected works number 2 - broadcast (electronic transmission of visual images or sound), film
(recording from which moving image may be produced), databases (telephone directory, football
fixtures), typographical arrangements (published edition of whole or part of literary e.g if
photocopy book - only lasts 25 years this IP) and sound recordings (derivative works).
Protection is automatic as soon as the work is recorded, they are not registered.
Protection lasts until the author dies plus another 70 years.
If you photograph - you are new copyright of artistic work

Marking schedule:
• Right against copying, property right for creative works
 • Protecting LDMA – primary and derivative – 2 marks - A derivative work is a new,
original product that includes aspects of a preexisting, already copyrighted work. Also
known as a "new version," derivative works can include musical arrangements, motion
pictures, art reproductions, sound recordings or translations.
• Automatic/unregistered right
• How long it subsists/when expires

Where a literary, dramatic, musical or artistic work [F5, or a film,] is made by an employee in the
course of his employment, his employer is the first owner of any copyright in the work subject to
any agreement to the contrary
Copyright is an unregistered, automatic right (unlike patents, registered designs or trade marks).
So, in terms of protection there is no official action to take, (no official registration or application
to make, no forms to fill in or fees to pay). Copyright comes into effect as soon as something
that can be protected is created and "fixed" in some way, e.g. on paper, on film, via sound
recording, as an electronic record on the internet.
Copyright Law can be found in Part I of the Copyright, Designs and Patents Act 1988
creator is called AUTHOR - ownership can be transferred
if you use someone else work - need to get licence from them unless purpose for use is exempt
or permitted
infringement of copyright (stealing) variety of remedies - damages, court injunction e.g release
of music early
Why do we have copy right?
Economic rights, offers protection to the author and owner, controls the use of copyright,
rewards creativity. - morally it pretects authors reputation
9 types - structure of copyright protection
1. identy protected works
2. author and ownership
3. duration - dies after period
4. exploiting copyright
5. restricted Acts - only owner can copy it|
6. permitted acts
7. remedies\
8. illicit recordings
9. criminal offences

Permitted acts are: temp copies, personal copies, research/private study, copy for non
commercial research, critcisim/news reporting, incidental inclusion, educational, libraries, public
admin, computer programs, orphaned works
infringements (called restricted acts) - S.16 CDPA - restricted acts are an offence - so copy,
lend, rent, perform or communicate in public have offence
remedies - Damages, injunction, delivery up, forfeiture, S100 seizure
defence - none
case law - PRS V Camelo

• What is a patent?

A patent is a property right that protects inventions.

The invention must not have prior disclosure, otherwise registration will not be allowed.
Must be new/novel, and not allowed to patent things that could affect national security or
advances in medicine.
The patent laws usually require that, for an invention to be patentable, it must be:
1. Patentable subject matter, i.e., a kind of subject-matter eligible for patent protection.
2. Novel (i.e. at least some aspect of it must be new)
3. Non-obvious (in United States patent law) or involve an inventive step (in European patent
law)
Up to 20 years’ protection.

• Renewal fee after 3 years (due in 4th year), then annual renewal fee that increases each
year for up to 20 years
• Property right for inventions, protects function of new products and processes
• Must be registered
• Must be new, have an inventive step, and be capable of industrial application to be
registered
Patent infringement in the UK is a civil law matter not a criminal law issue.
A patent for an invention is granted by government to the inventor, giving the inventor the
right for a limited period to stop others from making, using, selling or importing the invention
without the permission of the inventor. When a patent is granted, the invention becomes the
property of the inventor, which like any other form of property or business asset can be
bought, sold or licensed. Patents are territorial rights; a UK Patent will only give the holder
rights within the United Kingdom, including the right to stop others from importing the
patented products into the United Kingdom. The legislation in force at present is the 1977
Patents Act.
 IPO - patents opinion service
under CDPA and patents act 1977
Inventor creates
register - UK IPO, EU IPO (munich) and WIPO
3-4years to register
not protected - computer programmes, medical treatment
Grounds for refusal - prior disclosure|
infringements - S.60 patents act
products: makes, sells, exports, disposes of, offers to dispose of, uses or imports
process - uses, offers without consen, disposes/offers to dispose, import export
permitted acts - private, non commercial, experimiental, precsription of medicing, repair
aircraft/ships

remedies - injunction, declaration of validity, delivery up, damages, account of profits

resolutions provided by - Patents opinion service or IPEC
no defences or offence

• What is a design?
A design is a property right that protects the way something looks, or a part of something.
Can register 3D designs and 2D designs.
When submitting a reg. design application, what you see is what you get.
• Property right for appearance of an item
• Protects unique look of parts or whole articles
• Can be 2D or 3D
• Unregistered: EU 2D or UK 3D
• Can be registered – IPO, EUIPO, WIPO
• Max. term 25 years – renewable 5x5 blocks
unregistered or registered
In the UK, unregistered design right is given only to three-dimensional designs. In order to
protect a two-dimensional design, the Intellectual Property Office (IPO) states that you must
apply to register it with the UK Designs Registry. That’s despite the fact that EU intellectual
property laws cover both two and three-dimensional items
The crucial difference between enforcement of unregistered design right and registered design
right is that you don’t have to prove that an infringement was deliberate for the latter.
Unregistered design right holders looking to prosecute for an infringement must be able to prove
that a) you created the design in the first place and b) deliberate duplication has occurred.
A design refers to the appearance of the whole or a part of a product resulting from the features
of, in particular, the lines, pattern, colours, shape, or its ornamentation.
There are four elements that must be satisfied before a design is eligible for registration:
a. a "design" within the meaning of the legislation;
b. the design is "new";
c. the applicant is the "owner of the design"; and
d. the design is to be applied onto an "article"
There is no criminal offence under the legislation. Infringement of a registered or unregistered
design raises potential civil law liability not criminal.
LEGISLATION - CDPA, registered designs act 1949
uk UNregistered (3d only)
uk registered
eu UNREGisstered
EU registered
register using - UK IPO, OHIM, WIPO
must be novel, individual character

Designs which cannot be registered

Designs that are contrary to public order or morality

• Computer programs or layout-designs of integrated

circuits

• Any method or principle of construction - This exclusion applies to both threedimensional

designs of features of shape or configuration and two-dimensional designs in the form of

a pattern or ornament applied to an article.

In Swain v Barker, the court held that the design of a wire filing-tray without corner

supports was a design feature that arose from the construction adopted and so not

a feature that would be protected by law.

• Features of shape or configuration of an article which-

– i. are dictated solely by the function which the article has

to perform;
– ii. are dependent upon the appearance of another article of

which the article is intended by the designer to form an

integral part; or

– iii. enable the article to be connected to, or placed in,

around or against, another article so that either may

perform its function.

MUST FIT AND MUST MATCH - see below

Registrable designs are not limited to designs that have aesthetics qualities in
them, technical designs are also registrable.
• Purely functional or utilitarian designs will
be excluded.
• Designs of articles with "must fit" and
"must match" features will not be
registrable.

• Distinguish between the ‘subsistence’ of copyright and the ‘registration’ of a TM

Copyright is an automatic and unregistered property right which protects 9 categories.
9 types protected. No register – sans formalitie. Automatically exists once created and fixed.
Lasts duration of author’s life + 70 years. - no register exists.
TM reg is an application and registration process where owner submits and mark undergoes
objective tests against legally established criteria.
Register managed by IPO. Fee payable. Can be renewed every 10 years.

• Explain concept of licensing in an IP context. What is an exclusive licence?

Way of allowing other people to use IP with permission. Doesn’t specify what type of IP so worth
mentioning all types.
Authorising any of the restricted acts. (exclusive allows licencess alone to carry out below
restricted acts and excluse rights owner (licensor) from carrying them out.
to copy the work
to issue copies of the work to the public (see section 18);
to rent or lend the work to the public (see section 18A);]
to perform, show or play the work in public (see section 19);
to communicate the work to the public (see section 20);]
to make an adaptation of the work or do any of the above in relation to an adaptation
A Non-Exclusive Licence allows the licensee to use the intellectual property, but means that the
licensor still owns the intellectual property and can allow other licensees to use same intellectual
property.
argos cutlery. PMS V Magmatic - Trunki

• Explain in own words 5 forms of civil remedy that may be ordered by a court to
owners of any civil IP when infringed by another party.
Mention all types of IP. Unregistered TM, design. -patents, copyright and trademarks
1. Injunction to stop someone doing something/doing it again.
2. Delivery up – giving all infringing articles to rights owner, forfeiture, destruction.
3. Damages - compensation
4. Discovery order/account of profits – how much have they made from selling infr. articles?
5. order for disposal/forfeiture
6. Validity of patent.
Anton pillar order - search and seize orders
Order for Erasure S15 TMA
Civil power of seizure s.100 CDPA – copyright only. (See below)
Before anything is seized under this section notice of the time and place of the proposed seizure
must be given to a local police station.
(3)A person may for the purpose of exercising the right conferred by this section enter premises
to which the public have access but may not seize anything in the possession, custody or
control of a person at a permanent or regular place of business of his, and may not use any
force.
(4)At the time when anything is seized under this section there shall be left at the place where it
was seized a notice in the prescribed form containing the prescribed particulars as to the person
by whom or on whose authority the seizure is made and the grounds on which it is made.

Trademark and copyright have criminal offences too

• What is FAST and what are the primary functions of the organisation?
Federation against software theft
Representative body of rights owners – publishers, resellers and distributors, consultants, law
firms.
Computer software producers & owners
Enforcement support
Legal affairs team – can support TS prosecutions, tech assistance, witness statements
Lobbying

• What is passing off? What 3 elements must exist fir an action to succeed and what
remedies can the court award?
Passing off is a civil tort - of misrepresentation. Something that can be done against an
unregistered TM.
deals with unregistered rights and trademark offences deal with registered rights
3 elements – misrep, damage to brand and reputation & goodwill

The person or business making the claim (the claimant) must show:
They possess a reputation or goodwill in their goods, name, mark, or other identifying feature
that associates the public with those particular goods, and distinguishes them from others;
There must be misrepresentation by the other party which has led others to believe the goods
are actually those of the claimant. Confusion will not be sufficient to prove misrepresentation,
and;
This misrepresentation has caused damage to the claimant’s reputation or goodwill.
remedies - Injunction, damages, delivery up, destruction order etc.
Jif lemon case - ALDI
The following are available as a defence to a passing off claim:
The claimant’s mark, slogan, etc is not distinctive;
The mark, slogan, etc has become generic;
The defendant may be innocently using his or her own name;
The claimant has given consent.
passing off- French champagne houses and Parma ham producers have each won passing off
cases which prevent people from outside the relevant areas and/or not using traditional
techniques using terms such as “sherry”, “methode champenoise” and “prosciutto di Parma

What trading standards offence may have been committed in these

Section 5 of the Trade Marks Act 1994 provides that a trademark owner can challenge the
registration of a new trademark on the grounds that it infringes the uniqueness of an already
registered trademark

• Distinguish between a design and a patent

Define what they both are.
Patents protects invention, industrial processes or product
Design relates to physical appearance of an item or part of it - industrial or handicraft
Patents = must be registered, design can be either.

• What is the BBFC and what are their primary functions?

British Board of Film Classification
Classify all cinema releases, maintain database
VRA 1984 contains criminal offences - classification requirements
BBFC provide certificates for evidential purposes & witness statements
FROM MINE
What is BBFC? British Board of Film Classification a non-governmental organization, founded
by the film industry in 1912 and responsible for the national classification and censorship of
films exhibited at cinemas and video works
what is a video work - 'any series of visual images (With or without sound)
a. produced electronically by the use of information contact on any disc, magnetic tap and b.
shown as a moving picture
video recording - any disc, magnetic gtape (or device capable to storing electronically)
containing info by the use of which the whole or part of a video work may be produced
exemptions - war films, educational, sports, religious activities, dramatisation of historical
events, music concert has some exemptions
labelling - where? what labelling - on back, front and spine bigger than 5mm. Need to display
underage sales advise

video games - PEGI - 2003 - code of conduct for european video games age rating, labelling,
promotion and advertising. 12, 16 and a18 are legally enforceable - contacts number and icons
with what game involves e.g violence, sex, drugs

U, PG, 12, 12a, 15, 18 R18 - only in licenced registered sex shops

if imported need to be reclassified by BBFC. if more than one video - should have highest mark
offences - labelling and supply - offence to supply and supply unlabelled - not classified

distance selling rights 14 days

CASE LAW
KENT county council V multi media marketing - where a sequence was long enough to show a
continuing moved it could be properly decscrivbed as a moving picture - video game not
covered by VRA - too old game

russell V DPP - employee made sale on instructions of experience superior and sold to
underage - not followed systems in place tho
VRA Penalty - 5000 fine +/or 6 months
time - 3 years from com 1 from discovery
max penalty either way- 2 years or up to 20,000 fine. supplying unclassified video and
possession of unclassified video

summary - 6 months or level 5 or both

supplying video in breach of classification|
supplying restricted video
possession of restricted video
wrongly laballed video

• Distinguish between assignment and licensing of IP rights?

Certain IP rights can be transferred
Assignment = sell right or title to a new person
Licence = allow multiple parties to carry out what would otherwise be an infringement in
exchange for royalties
Both can be exclusive or non-exclusive
Both can be split between different parties, or individual rights can be split.
e.g. Lord of the Rings – Tolkein’s family never thought they would be able to make a film so
made no money out of it as did not licence.
• What is a must fit article?
Where features of shape or configuration enable it to perform its function.
the way it is connected to or placce in or around, against another art may perform its function
Design of article is dictated by its intended use, e.g. key. breakpad
Argos case – fork.

must match - concerned with the appearance of the article.

“must fit” exclusion which is concerned with the interconnection or the interface of the parts of
the articles so that either part can perform its function.
• An example of a “must match” design feature that is commonly cited is the door panel of a car.
• The design feature of the shape of the door panel of a car is
dependent on the appearance of the rest of the car and the
door panel is intended by the designer to form an integral part of the car.
• However, it should be noted that parts of the design of the car door panel also consist of “must
fit” features so as to allow the door to be fitted onto the chassis.

• What is IPEC and what are is primary functions?

Intellectual property enterprise court
Cases for IP disputes are heard here – specialist court, part of the High Court.
Small claims fast track if less than £10k
handles cases Includes reg designs, patents, RTMs, © and other IP rights
Allows access to legal resolution for smaller companies
small claims less that £10000

• What is the copyright tribunal & its primary functions?

Sits at the IPO
sorts out Copyright licensing disputes.
rules on nature, conditions and fee associated with licencing
licencing of copyright work can be conducted by copyright owner or collecting society on their
behalf.
Collecting societies operate as a monopoly, so to balance the power © tribunal adjudicates on ©
matters.

• Compare & contrast decisions in cases of Trebor Bassett v The FA and The FA v
Panini
Trebor - cigarette cards. FA sued for RTM infringement - TMA s10.
was an action shot of someone in an England kit. Ruled that it wasn’t TM infringement as
incidentally included. Done under TM.
Panini – under copyright – sticker album phots included FA Premier League RTM. Panini
claimed Incidental inclusion - not incidental
claimant sought damages for breach of copyright. The defendant claimed protection under
section 31 on the basis that the inclusion of the marks was incidental.
First case was no infringement TMA 2nd case was infringement CDPA

Collecting societies
Many groups of copyright owners are represented by a collecting society. A collecting society
will be able to agree licences with users on behalf of owners and will collect any royalties the
owners are owed. In many cases a collecting society will offer a blanket licence for all the works
by owners it represents, for example for music to be played in a shop or restaurant.
There are many collecting societies who operate for various types of copyright material: printed
material, artistic works and characters, broadcast material
TV listings, film

QUESTIONS RAISED BY CANDIDATES

Negative averment - Trademark
• Relating to copyright ownership
• Averment in law: a formal statement by a party in a case of a fact or circumstance which
the party offers to prove or substantiate
• Negative: consisting on or characterised by the absence rather than the presence of
distinguishing features (Car insurance)
• Proving a negative
• means somethings missing
Trademark offences – Articles 92 (3)
• 92(1) = goods
• 92(2) = materials (business papers, packaging etc.
• 93(3) = articles – requires mens rea
• (a) Makes an article designed/adapted to make identical/likely to be mistaken for
copies or
• (b) has article in possession in course of a business
• 2 separate offences but require:
• Knowing/having reason to believe has been or will be used to produce
goods or material (mens rea)

Performing right
• For live performers of other peoples’ work
• CDPA s.19
• performance of the work in public is an act restricted by the copyright in only literary,
dramatic or musical work - not ARTISTIC
• Need a PRSA license – e.g. buskers on the tube – as long as they stand in designated
area to perform then are covered
• Copyright = words and musical arrangement (notes), then sound recording
• PRS Performing Rights Society = words and music license
• PPL = recording (record company)
• Need both licenses (apparently these have now merged so now only need one license)
• Establishment is licensed, which then covers the performer

Infringement & criminal offence

• Offence to infringe performing rights
• S.107(3)
• Penalty on indictment = fine/2 years/both
Rights in performance
• In addition to copyright and performing right
• Covers things like tribute bands, stops people recording the songs on their phone etc.
• Copyright subsists as soon as it is put into a medium so this would become an
infringement of the cover band’s performance as recording it would effectively become a
new piece of copyright
• Part III CDPA
• in addition to pre existing copy right and the to performing rights above.
• use their own skill and expertise
• if sound recording of live concert were made that sound recording is a new copyright
work - e.g poet at open mic night - written down new copyright

UK Unregistered Design Right

• CDPA 3D (protects unregistered 3D designs)
• Design right is a property right whih subsists in accordance with this part in original
design
• Unregistered Community Design right that lasts for 3 years, for 2D and 3D
• EU Unreg. Community Design right comes from EU Regulation – i.e. not in the CDPA
• Only a right against commercial copying
• Unregistered UK Design right – 3D only, lasts 15 years from first marketing
• License of right = monopoly right at first, but in last 5 years if someone wants to
make something the same or similar then the designer must grant the license if
asked
• This helps the transition of the product into the public domain
• If it were registered it would have complete protection for 25 years

Patents – Confidentiality
• Not in exam
• Not in Patents Act – used in tort
• Non-disclosure agreements defined in Coco v A N Clark Engineers
Exhaustion
• S.12 TMA 1994
• Part of being in the common market with free movement of goods
• as soon as brandholder sells to other country their rights stop and country has rights -
called grey products e.g addidas tshirts for german market so germany might sell to
other - addidas right stop - grey prodcuts
• E.g. TM – rights finish as soon as marketed in EU
• Only applies to genuine goods
• Exhaustion Only applies within EU - if from China grey goods. Rights holders can
oppose goods coming in
• Does not apply to anything that has been changed or impaired, e.g. electrical goods
where plug changed to UK plug – rights holder may have rights especially if this is done
poorly and risks their reputation
• So if Adidas make a product in Italy and market the same product in France, right
exhausted.
• Where grey market comes from – TK Maxx for example
• Designed to stop trade wars between member states
Exhaustion of rights conferred by registered trade mark.
(1)A registered trade mark is not infringed by the use of the trade mark in relation to
goods which have been put on the market in the European Economic Area under that
trade mark by the proprietor or with his consent.
(2)Subsection (1) does not apply where there exist legitimate reasons for the proprietor
to oppose further dealings in the goods (in particular, where the condition of the goods
has been changed or impaired after they have been put on the market).

Mens rae and IP

Copyright - mens rae secondary infringements - knowingly infringes someones work

Secondary infringement: possessing or dealing with infringing copy - The copyright in a work is infringed
by a person who, without the licence of the copyright owner—

(a)possesses in the course of a business,

(b)sells or lets for hire, or offers or exposes for sale or hire,

(c)in the course of a business exhibits in public or distributes, or

(d)distributes otherwise than in the course of a business to such an extent as to affect prejudicially the
owner of the copyright

Secondary infringement: providing means for making infringing copies.

(1)Copyright in a work is infringed by a person who, without the licence of the copyright owner—

(a)makes,

(b)imports into the United Kingdom,

(c)possesses in the course of a business, or

(d)sells or lets for hire, or offers or exposes for sale or hire,

Trademark
93(3) = articles – requires mens rea
• (a) Makes an article designed/adapted to make identical/likely to be mistaken for
copies or
• (b) has article in possession in course of a business
• 2 separate offences but require:
• Knowing/having reason to believe has been or will be used to produce
goods or material (mens rea)

Most of TM offences are offences of near absolute liability and most copyright offences require
mens rea to be present.
Civil infringements and Criminal offences in IP
copyright -
CIVIL - s16 CDPA are infringements
Primary infringements are straight up offence and secondary need mens rae. All
restricted acts are an offence - so copy, lend, rent, perform or communicate in public
have offence

Patents-
only infringements no offences to make, sell, use, import, export a product or process -
civil remedies and you got to IPEC or court
DESIGN -
~Sound recording and musical work - music work is composition, the notes written. sound
recording is recording of sounds - put down in hard copy like on dictaphone.
Distinguish between sound recording and a copyright musical work

musial work is notes written down and recording is in hard form like on a dictaphone

5 gounds on what applicationg for registration of TM will be refused?

The Intellectual Property Office (IPO) is responsible for examining trademark applications in the UK.
After an application has been filed the IPO will check whether grounds exist for refusing registration.
These can be absolute or relative. Absolute grounds are reasons which are in the mark itself. Relative
grounds are due to the existence of prior rights that may or may not be registered.

absolute grounds are:

It is generic

devoid of distinct character

It is descriptive of the good or services

It cannot be represented graphically;

Relative grounds are:

Identical mark already registered for the same goods;

Identical or similar mark already registered for similar or identical goods, and likelihood of confusion;

Protection granted under common law, for example copyright and design right.

OFF BETH:

criminal proceedings.

public morality

trader term

custom term

bad faith
CASE LAW - London taxi company - shape of goods doesnt stand out sufficiently from norm to be
distinctive e.g bottle. cant register orange for fruit and veg but an for phones - as distinctive and
descriptive.

SLOGANS - terminology and words not commonly used - gillette - best a man can get - TM unregistered.
Mr Kipling Reg is since 1984 and exceedingly

4. section 11 IPA 2014 - intro of designs opinions service

Section 11 requires a public authority to communicate the

information in an applicant’s preferred form unless this is not

reasonably practicable.

new Designs Opinions Service, run by the Intellectual Property Office (IPO) and aimed at small and
medium-sized businesses who become involved in IP disputes.

The scheme is expected involves both parties in a dispute being allowed to have their say before an
expert opinion is expressed. It will give businesses more options to take before going down costly court
proceedings

An opinion on a design dispute from the IPO would be non-binding, but could assist in resolving a
dispute before it escalates into full litigation before the courts. Where litigation is unavoidable, the hope
is that an opinion will help parties to focus their cases and save time and money.

offer opinions on issues such as whether a design infringes the rights in someone else’s design, and
whether rights exist in a particular design
SECTION B – 25 MARKS
Essay – must have a structure – intro, argument, conclusion.
45 mins to answer.
• The provisions of UK copyright and TM law provide little or no protection for rights
owners in respect of infringements committed on the internet. Discuss.

• What are the most common offences/infringements – CDPA, TMA

• No criminal offences for designs or patents
• What products/rights are commonly affected?
 • Auction sites v direct digital delivery
• Liability of uploaders & downloaders digital content
• Peer to peer / bit torrent
• Pre release music & games
• problem with Jurisdiction –location of infringer
• ISP position, take down procedures, VERO
• eBay v L’Oreal
• auction site responsibility?
• Digital Britain report
• Digital economy act
• Distance selling regs
• Other relevant issues

• The UK Government is naïve to the damage IP crime is causing the economy and
needs to develop a national strategy to combat the problem.
Consider the accuracy of this statement in terms of the relative strengths and
weaknesses of current legislation/resourcing
implications of fake goods - pharmaceuitcals, electrical - unsafe chargers fire risk, childrens
items
• roles of of TS, UKBA, HMRC, DWP, rights owners, APUs
• harm financial, brand integrity
• lack of data
• IPC attractive to organised criminals - high profit/low risk
• joined up approach
• organised response to crime

• Counterfeiting & piracy is predominantly the concern of large businesses…business

to seek to protect their own IP rather than rely on enforcement action by local TS
The term "counterfeit" describes fake goods. Piracy is act of reproducing movies, music,
books or other copyrighted works without permission from the copyright owner.
business IP interest - trademark, CDPA
IP protection regime
 Balance societs and states interests against business interests
Encourage innovation and creativity
public domain
Assurance of quality
• H&S implications of fake goods - pharmaceuitcals, electrical - unsafe chargers fire risk,
childrens items
• How fits in with other criminal offences counterfeiting is crim offence under Section 92 of
the Trade Marks Act 1994

• Defences in CDPA & TMA

• No statutory defences to © offences – civil law – permitted acts give exemptions to

infringement. Without infringement then no offence.
• Temp copies, research, parody etc.
• TMA: S.10 = infringements, s.11 = limitations
• Give examples
• Statutory defence = s.92
• Not a due diligence defence
• R v Johnstone - bootlegging, Arsenal v Reed, Satnam Singh
• Proof of civil inf. Not req.
• TM use necessary for s.92 offence

SECTION C – PRACTICAL SCENARIOS – 25 MARKS (x2)

Slides will be sent to us.

‘Copyright does not require any formalities. It comes into existence when a work is fixated or
recorded in any permanent way. No application, examination or registration system exists for
original literary, artistic, musical and dramatic works, films, sound recordings, broadcasts, cable
programmes and the typographical arrangements of published editions. The Copyright Designs
and Patents Act 1988 also introduced a design right for functional designs along the same lines.
The latter right could be called an unregistered design. A design is defined as 'the design of any
aspect of the shape or configuration

Potential UK trade mark infringements

Section 10(1) Trade Marks Act
An unauthorised third party utilises a mark that is identical to a registered trademark and placed
on like-for-like goods and services. It must be reproduced without modification – even minor
modifications unnoticeable from the average consumer’s perspective will be considered
identical for the purposes of trade mark infringement.

Section 10(2)(a) & (b) Trade Marks Act

Where an unauthorised third party places an identical registered trade mark on similar goods
and services or a similar trade mark on identical goods and services, thereby creating confusion
as to the origin of the goods or services and the possibility of an association between the two
trade marks.

Section 10(3) Trade Marks Act

Where an unauthorised third party uses an identical or similar trade mark on goods or services
which are not similar, benefitting from the registered trade mark’s existing UK or EU reputation
and gaining an unfair advantage; and operating to the detriment of the registered trade mark’s
character.

passing off for unregistered TM

Copyright infringement
If your organisation infringes copyright it runs the risk of investigation by Copywatch, the
compliance arm of CLA, as well as legal action by the copyright owner(s).
• Financial costs – infringement is usually a civil offence and any damages would be
awarded at the discretion of the court on a case-by-case basis. Additional damages
could also be awarded regarding the flagrancy of such infringement as the justice of the
case may require.
 • Damage to reputation – any legal action is bad publicity for your organisation and can
affect its image, incoming investment and, worse still, future revenues.
• Individual officers of a company can be held responsible and employees could be
personally liable for infringement in certain circumstances.
• Evidence of infringement presented to an organisation by CLA usually results in an out
of court settlement or the purchase of a licence – so it is worth obtaining a licence in
advance.
• Income received by writers, publishers and visual artists in return for the copying of their
work is an important income for creators and non-compliance denies them this
remuneration. CLA licences ensure that writers, visual artists and publishers receive a
fair reward when their work is used so they can continue to invest their time and money
in creating new content.

Criminal remedies for IP infringement

TMA 1994, s 92 and CDPA 1988, s 107 make it a criminal offence to make and
deal with items that infringe UK and community registered trade marks and UK
copyright. The more serious copyright and trade mark offences carry a maximum
ten year prison term on indictment and/or an unlimited fine.

Criminal Offences contrary to the Trade Marks Act 1994 (TMA)

Although only the offences in section 92 have specific enforcement responsibilities attached to
them, there are other criminal offences under TMA which prosecutors may wish to be aware of,
including:
section 84 - unregistered person being described as a registered trade mark agent;
section 94 - making of a false entry in the register of trade marks;
section 95 - falsely representing that a mark is a registered trade mark (either by means of the
word 'registered' or any other word or symbol);
section 99 - unauthorised use of Royal Arms.
Section 92 TMA covers unauthorised use of trade mark, in relation to goods. Section 92 is not
confined to fraudulent misapplication/misuse, the prosecutor does not have to prove mens rea -
R v Keane [2001] FSR 7; no requirement to prove mens rea, the offence is one of "near
absolute liability" - Torbay Council v Satnam Singh (1999) 163 JP 744.
Section 92(1)(a),(b),(c), (2) and (3) offences are all hybrid offences, for which the maximum
sentence on indictment is 10 years' imprisonment or an unlimited fine.
To establish the offence under section 92(1)(a) the prosecutor must prove:
Registration of the trade mark - the prosecutor must prove that, on the date of the commission
of the alleged offence, the trade mark was registered; and the registration had been published;
"Application of a sign to goods within the registration" - the prosecutor must prove that:
the sign is identical to, or likely to be mistaken for, the registered trade mark in question
the goods are goods in respect of which the trade mark is registered OR, if they are not the
trade mark has a reputation in the United Kingdom and the use of the sign takes or would take
unfair advantage of, or is or would be detrimental to, the distinctive character or the repute of
the trade mark
the application of the sign was by the defendant (or the defendant conducted one of the
activities set out in section 92(1)(b) or (c))
Lack of consent by the proprietor - In Houghton v Liverpool City Council [2000] Crim.L.R. 574 -
lack of consent is "... a matter, like so many matters of fact, that may be the subject of proper
inferences by the court, never forgetting the criminal standard of proof applies. In this case ...
the inference is most plainly to be drawn."
That the registered trade mark was being used as a trade mark.
For each of the offences in section 92(1) - (3) it is also necessary for the prosecutor to prove
that the person conducted the activities "... with a view to gain for himself or another, or with
intent to cause loss to another."
FRAUD ACT - additionally it creates offences of making or possessing articles for use in or in
connection with fraud, and making or supplying articles for use in fraud. Fraud can extend to the
sale of counterfeit goods per se, particularly if sold as genuine, or sold at the same price as the
genuine product. In addition the possession, use or sale of chipping or copying equipment could
also give rise to offences contrary to the Fraud Act.
Section 2 Fraud Act covers fraud by false representation. This offence requires dishonesty in
making a false representation, an intention to make a gain for oneself or another or an intention
to cause loss to another or expose another to a risk of loss. Dishonesty is determined by the
reasonable standards of honest people. The representation can be direct or implied, so a trade
mark falsely applied to goods could constitute either a direct or implied representation as to the
trade origin or manufacture of the goods. The maximum sentence on indictment is 10 years'
imprisonment and/or an unlimited fine.
Section 6 Fraud Act covers possession of any article(s) for use in the course of or in connection
with any fraud.

POCA
If a person is suspected of having committed an Intellectual Property offence and that person is
also suspected of having concealed , disguised, converted, transferred or removed their criminal
property from the UK, consider using POCA section 327 (money laundering).

Almost all offences under the Trade Marks Act and CDPA are schedule 2 lifestyle offences.

DEFENCE
Section 92(5) TMA It is a defence for a person charged with an offence under this section to
show that he believed on reasonable grounds that the use of the sign in the manner in which it
was used, or was to be used, was not an infringement of the registered trade mark.

The existence of the reason to believe and of the belief founded on it is ultimately a question of
fact to be tried on evidence and the grounds on which the person acted must be sufficient to
induce in a reasonable person the required belief; see in particular McArdle v Egan (1933) 150
LT 412, [1933] All ER Rep 611 CA; Nakkuda Ali v Jayaratne [1951] AC 66; Registrar of
Restrictive Trading Agreements v W H Smith & Son Limited [1969] 3 All ER 1065 at 1070,
[1969] 1 WLR 1460 at 1468, CA, per Lord Denning MR; and IRC v Rossminster Ltd [1980] AC
952, [1980] 1 All ER 80 at 84, 92, 93, 103, 104, HL. (From Halsbury's Laws on TMA section 92).

Confiscation orders
In criminal cases there is no right to damages as such. However, under the
Proceeds of Crime Act 2002 (POCA 2002) it is possible to seek a confiscation
order. The effect of the making of a confiscation order by a Crown Court is
that the defendant’s assets, which were acquired with the proceeds of crime,
are confiscated. If a confiscation order is made the onus is on the convicted
defendant to prove that all his assets, acquired in the six years leading up to
conviction, were acquired lawfully. If he cannot, such assets become liable
to confiscation. Under POCA 2002, s 13(5), those who have been financially
disadvantaged by a criminal enterprise (such as a brand owner in a counterfeiting
case) can apply to court for compensation out of confiscated assets. The police
and the courts also have rights to such funds.
Copyright designs and patents act 1988
give legal protection to the creators of such works in order to prevent exploitation by others and
to ensure creators' moral rights.
copyright infringement offences may include: Before a magistrates' Court, the penalties for
distributing unauthorised files are a maximum fine of £5,000 and/or six months imprisonment;
On indictment (in the Crown Court) some offences may attract an unlimited fine and up to 10
years imprisonment.

SONY CD -
1st copyright is musical work - notes
2 - literary work - words
3 sound recording (Put together)
3 performing rights - PRS protects musical and literary work. PPL rewards sound recording now
together
Previously, businesses and organisations had to obtain separate music licences from PPL and
PRS for Music. However, we have now come together to form PPL PRS Ltd and launch
TheMusicLicence. What does this mean?
We collect licence fees from UK businesses and organisations on behalf of our parent
companies, PPL and PRS for Music.
PPL then distributes these licence fees for the use of recorded music on behalf of record
companies and performers, while PRS for Music distributes licence fees for the use of musical
compositions and lyrics on behalf of songwriters, composers and publishers.
This ensures that the people who create music are fairly rewarded for their talent and work.
DO I NEED A LICENCE?
Under The Copyright, Designs and Patents Act 1988, permission is needed from the relevant
copyright holders – those people who create music – in order to play or perform music in public.

Copying music from CD

its ok to copy music but not for commercial purposes. copy is for person use not opying to lend
to other.

powers to seize goods - sch 5 28 powers.

sch 6 - is powers for new design offence
sch 7 - enterprise act and enforcement orders
25 - inspect, 28 seize goods and equipemtn, 29 seize docs
DUE DILIGENCE - Croyden V pinch a pound 2010 - sold knives underage and acquitted as met
defence with all reasonable steps and all due diligence. Found on appeal only met one limb of
defence not both so orginial sentence again.

TM offences law
Offences
92 Unauthorised use of trade mark, &c. in relation to goods.
(1)A person commits an offence who with a view to gain for himself or another, or with intent to
cause loss to another, and without the consent of the proprietor—
(a)applies to goods or their packaging a sign identical to, or likely to be mistaken for, a
registered trade mark, or
(b)sells or lets for hire, offers or exposes for sale or hire or distributes goods which bear, or the
packaging of which bears, such a sign, or
(c)has in his possession, custody or control in the course of a business any such goods with a
view to the doing of anything, by himself or another, which would be an offence under
paragraph (b).
(2)A person commits an offence who with a view to gain for himself or another, or with intent to
cause loss to another, and without the consent of the proprietor—
(a)applies a sign identical to, or likely to be mistaken for, a registered trade mark to material
intended to be used—
(i)for labelling or packaging goods,
(ii)as a business paper in relation to goods, or
(iii)for advertising goods, or
(b)uses in the course of a business material bearing such a sign for labelling or packaging
goods, as a business paper in relation to goods, or for advertising goods, or
(c)has in his possession, custody or control in the course of a business any such material with a
view to the doing of anything, by himself or another, which would be an offence under
paragraph (b).
(3)A person commits an offence who with a view to gain for himself or another, or with intent to
cause loss to another, and without the consent of the proprietor—
(a)makes an article specifically designed or adapted for making copies of a sign identical to, or
likely to be mistaken for, a registered trade mark, or
(b)has such an article in his possession, custody or control in the course of a business,knowing
or having reason to believe that it has been, or is to be, used to produce goods, or material for
labelling or packaging goods, as a business paper in relation to goods, or for advertising goods.
(4)A person does not commit an offence under this section unless—
(a)the goods are goods in respect of which the trade mark is registered, or
(b)the trade mark has a reputation in the United Kingdom and the use of the sign takes or would
take unfair advantage of, or is or would be detrimental to, the distinctive character or the repute
of the trade mark.
(5)It is a defence for a person charged with an offence under this section to show that he
believed on reasonable grounds that the use of the sign in the manner in which it was used, or
was to be used, was not an infringement of the registered trade mark.
(6)A person guilty of an offence under this section is liable—
(a)on summary conviction to imprisonment for a term not exceeding six months or a fine not
exceeding the statutory maximum, or both;
(b)on conviction on indictment to a fine or imprisonment for a term not exceeding ten years, or
both.

Search warrants
(1)Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by
information on oath given by a constable (in Scotland, by evidence on oath) that there are
reasonable grounds for believing—
(a)that an offence under section 92 (unauthorised use of trade mark, etc. in relation to goods)
has been or is about to be committed in any premises, and
(b)that evidence that such an offence has been or is about to be committed is in those
premises,he may issue a warrant authorising a constable to enter and search the premises,
using such reasonable force as is necessary.
(2)The power conferred by subsection (1) does not, in England and Wales, extend to
authorising a search for material of the kinds mentioned in section 9(2) of the Police and
Criminal Evidence Act 1984 (c. 60) (certain classes of personal or confidential material).
(3)A warrant under subsection (1)—
(a)may authorise persons to accompany any constable executing the warrant, and
(b)remains in force for [F228 days] [F2three months] from the date of its issue.
(4)In executing a warrant issued under subsection (1) a constable may seize an article if he
reasonably believes that it is evidence that any offence under section 92 has been or is about to
be committed.
(5) In this section “ premises ” includes land, buildings, fixed or moveable structures, vehicles,
vessels, aircraft and hovercraft.

Personal copies for private use

(1)The making of a copy of a work, other than a computer program, by an individual does not
infringe copyright in the work provided that the copy—
(a)is a copy of—
(i)the individual’s own copy of the work, or
(ii)a personal copy of the work made by the individual,
(b)is made for the individual’s private use, and
(c)is made for ends which are neither directly nor indirectly commercial.
(2)In this section “the individual’s own copy” is a copy which—
(a)has been lawfully acquired by the individual on a permanent basis,
(b)is not an infringing copy, and
(c)has not been made under any provision of this Chapter which permits the making of a copy
without infringing copyright.

REGISTERED DESIGN ACT Offences under s. 5.

(1)If any person fails to comply with any direction given under section five of this Act or makes
or causes to be made an application for the registration of a design in contravention of that
section, he shall be guilty of an offence and liable—
(a)on summary conviction, to imprisonment for a term not exceeding three months or to a fine
not exceeding one hundred pounds, or to both such imprisonment and such fine, or
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine
not exceeding five hundred pounds, or to both such imprisonment and such fine.
(2)Where an offence under section five of this Act is committed by a body corporate, every
person who at the time of the commission of the offence is a director, general manager,
secretary or other similar officer of the body corporate, or is purporting to act in any such
capacity, shall be deemed to be guilty of that offence unless he proves that the offence was
committed without his consent or connivance and that he exercised all such diligence to prevent
the commission of the offence as he ought to have exercised having regard to the nature of his
functions in that capacity and to all the circumstances.
LATEST ENQUIRIES
LATEST ENQUIRIES

Questions about the Exam

CIVIL INFRINGEMENT & CRIMINAL OFFENCES

“When the question asks for offences are we only looking for the criminal offences, and if it asks for
infringements the answer required would just be the civil aspects?”

As there must also be a civil infringement for a criminal offence to exist, so under TMA s92, if there isn’t
s10 infringement, that is a defence to the criminal offence - see R v Johnstone.

R v Johnstone & others [2003] UKHL, Considered TMA statutory defence in s92(5).

Observations - Unless there is civil infringement there can be no [criminal] offence – Tuckey LJ at trial –
and “Infringement is an element of the offence” – H of L

The principle is the same for all 3 rights TMs, Copyright & Designs.

The CDPA Permitted Acts sections 28 - 76A are also known as the 'copyright defences' or 'the defences
to infringement'.

It makes sense logically – as an act needs to be a civil infringement before it can be a criminal offence as
well.

If you think about it, it would be perverse in law and unfair, if an act which was allowed civilly was to be
criminalised i.e. was not allowed under the criminal law.

So, depending on the wording of the question, the answer may relate only to civil or criminal law or the
answer may require reference to both aspects.

COLLECTING SOCIETIES

Also known as CMOs - Collective Management Organisations

There is a list of the licensing bodies on the IPO website at:

https://www.gov.uk/guidance/licensing-bodies-and-collective-management-organisations
EXHAUSTION

TMA Section 12(1) creates the general rule of exhaustion - but only within "in the European Economic
Area", this then enables the free movement of goods BUT only within Europe.

This means a rights owner cannot prevent subsequent sales of the goods.

This is where the legal grey or parallel market in goods comes from.

However, Section 12(2) also creates the EXCEPTION TO THAT RULE, where:

"where there exist legitimate reasons for the proprietor to oppose further dealings in the goods (in
particular, where the condition of the goods has been changed or impaired after they have been put on
the market)"

EG a UK company's electrical products are sold into Germany with a 2 pin plug, and the products are
then re-imported into UK and the 2 pin plug is replaced with a 3 pin plug, to work within the UK, this is a
'change' so the importation of the products/goods could be opposed and the products/goods stopped at
UK Customs.

Exhaustion only applies to goods first marketed in Europe.

There is no concept of 'global' exhaustion, so the rights owner can always oppose grey or parallel
imports from outside Europe.

CTSI on Brexit

The recent Journal of Trading Standards which was sent to all members included links to:

http://www.journaloftradingstandards.co.uk/ctsi-brexit-think-tank-summary-booklet/

Full details in Journal of Trading Standards.

SECTION C
1. rugby shirts match day inspection street trader. sign saying RUGBY SHIRTS 19.99
6 styles, has six nations rugby teams england, france
front bears name of country. back national badge. each has photo of famous rugby player
question - enforcement action appropriate - to secure evidence for legal proceedings
and b what action could the statium authorities take in respect
Answer -
TM offences - what RTMS are there? country names, national badges, protected emblems.
CDPA - copyright national badges - copyright in photos
CPRS 2008 - shed false claims of approval authorisation
enforcement - test purchase, surveillance, seizure - police support
reasoning

b - stadium - street trading, register rights, CDPA s100 seizures

2. Alpaca holidays - marketing in UK.

goes on internet find photo of alpaca- downloads, manipulates and uses

ALSO designs clothing with alpaca holidays on back and the photo on
produces neck labels which state 'ALPACA' TM
Q- what rights have been infringed?
A - use of download photo - artistic work therefore potential infringement of copyright both on
advertising material and on clothing
Alpaca TM - likely ot be indication of unregistered TM use - possible false claim - TMA s95
offences (Falsely representing trade mark as registered.
offence for a person (a)falsely to represent that a mark is a registered trade mark, or
(b)to make a false representation as to the goods or services for which a trade mark is
registeredknowing or having reason to believe that the representation is false.
A person guilty of an offence under this section is liable on summary conviction to a fine not
exceeding level 3 on the standard scale.
Offences of false description - alpaca to items not made of alpaca fleece - CPRS
rights acquired - unregistered design rights in respect of clothing
could register design (options)
Alpaca holidays - can be Registered as TM even tho it is provision of a service and not goods
Alpaca likely to be accepted for registration in relation to clothing and holidays - distinctive use

3. DR p work for GYXL and developed self chipping potato fryer. consists of tubular metal
container. a special secret frying agent added.
Approahed yorkshire fish and chip - to develop the secret frying agent
At same time Dr phillpot asked his assistant to write instruction booklet and come up with
presentation box to sell product. She makes box with product picture - along with words 'famous
gyxl self chipper' she took photo herself at friends house
WHAT IP rights have been created and who owns those rights?
What problems might DR P and GYXL corp experience in absence of any formal agreements
with any parties
A - container - IP is patent, unregistered design, artistic work - drawing. Creater/owner - DR P
and GYXl
frying agent - patent - owner? DR P, GYXL and chip shop
Booklet - copyright, artistic/literary work - Creater assistant and owner GYXL
packaging - copyright, artistic work, unregistered design. Creator assistant, Owner GYXl
photo - copyright, artistic work - Owner? assistant or GYXL
Famous chippre - unregistered TM - owner GYXL
problems - confidentiality agreement, prior disclosure - patent, ownership of IP
course of employment.

4. Phil and Donna marrying - Trevor photographer employed by Sunny snaps - invite another
friend to act as disc jokey at reception at local pub
Donnas sister jane takes photos herself identical to trevors
Trevor supplies cd with 100 snaps on in proof form. contain watermark stating Sunny Snaps
Registered'. select 40 and copy the disc before returning it
sells to them for 400
distribute photos from copied disc to family and friends
Trevor prints extra copy and puts in shop window, send a copy to newspaper and published
Discuss copyright designs and patent acts 1988 in this scenario?
A - copyright of photo - if Trevor working for himself then his. If working for Sunny snaps -
company owns copyright
the R on the photos and sunny snaps indicates working on behafl of company
- need to be an agreemetn that assigns copyright to P and Donna then they will own copyright
As Trevor has been p[aid - copyrighht of photos (in absence of agreement) remain with
photographer and any reproduction without permission would be infringement of copyright
Jane doesnt infringe copyright, as the arrangement of group is not protected. The copyright of
those photos belongs to her.
Disc copying - infringement of CDPA - offence under S107- remedies
Criminal liability for making or dealing with infringing articles, &c.

(1)A person commits an offence who, without the licence of the copyright owner—

(a)makes for sale or hire, or (b)imports into the United Kingdom otherwise than for his private and domestic use, or
(c)possesses in the course of a business with a view to committing any act infringing the copyright, or

(d)in the course of a business — (i)sells or lets for hire, or (ii)offers or exposes for sale or hire, or (iii)exhibits in public,
or (iv)distributes, or

(e)distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the
copyright,an article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work.

(2)A person commits an offence who—

(a)makes an article specifically designed or adapted for making copies of a particular copyright work, or

(b)has such an article in his possession

A person (“P”) who infringes copyright in a work by communicating the work to the public commits an offence

A person guilty of an offence under subsection (1)(a), (b), (d)(iv) or (e) is liable—

(a)on summary conviction to imprisonment for a term not exceeding six months or [F3a fine], or both;

(b)on conviction on indictment to a fine or imprisonment for a term not exceeding [F4ten] years, or both.

[F5(4A)A person guilty of an offence under subsection (2A) is liable—

(a)on summary conviction to imprisonment for a term not exceeding three months or [F6a fine], or both;

(b)on conviction on indictment to a fine or imprisonment for a term not exceeding [F7ten] years, or both.]

(5)A person guilty of any other offence under this section is liable on summary conviction to imprisonment for a term
not exceeding [F8three] months or a fine not exceeding level 5 on the standard scale, or both.

Application of TMA to pictures - registered Sunny Snaps

Civil infringement - criminal offence - remedies
distribution of prints - TMA/CDPA implications/offence/remedies
publication of photo in newspapre - who owns copyright? Is ther infringement by newspaper?
Guilty knowledge? permitted act
6. Becky cake maker -shaped and uniquely decorated cakes. supplies in box. box contains
recipes. designs decoration, recipe cards and presentation box artwork herlsef. take photos of
each cake for her portfolio. trader under name 'BECK's cake'
Q - WHAT IP protection has becks acquired in course of her business
her business expands - sub contract alisons. How could this affect IP protection and how to
futher protect her
A - cake shape - copyright, artistic work, unregistered design
decoration - copyright, artistic work, unregistered design
recipe card - copyright, literary work, copyright typographical arrangement
IP protection for recipe?
presentation box - copyright, artistic work, unregistered design
PATENT not applicable
photo - copyright, artistic work - photograph proof of copyright in cake as artistic work
becks cake name - unregistered TM
passing off protection
Registered design?? - look up
relevance of licencing
explain that copyright is retained in orignal work even if cake made by alison
TM registration
contractual obligations - confidentiality agreement