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Copyright—permitted acts and defences

There are a number of specific exceptions to copyright infringement, the majority of which are laid down by the Copyright, Designs and Patents Act 1988 (CDPA 1988). These are known as permitted acts. The permitted acts which apply to copyright are numerous with many also applying to protected rights in databases. If other causes of action apply such as a claim for breach of confidence then the permitted act exception will not extend to the breach of confidence claim. Permitted acts can be relied on for criminal offences as well as in civil proceedings.The aim of having permitted acts is to allow, if certain conditions are met, public interest to overrule the private interests of the copyright owner. The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) is an international agreement that provides for copyright exceptions to the reproduction right in certain special cases. Article 9 of the Berne Convention provides the so called Berne three-step test:‘It shall be a matter for legislation in the...

Taking security over intellectual property rights

Taking security over intellectual property rights Scope of this Practice Note A company's IP rights can be offered as security for a loan. In commercial lending transactions, IP rights are commonly offered as security for a loan: • as part of a package of security over the whole of a company's assets (see Practice Note: Key features of debentures) • in transactions that involve lending to a borrower in an industry where IP rights are particularly valuable, for example: ◦ biotechnology, pharmaceutical, electronics and telecommunications industries (where patents are particularly key) ◦ global retail industries (where trade marks are particularly key), or ◦ film production and software manufacturing industries (where copyright is particularly key) This Practice Note does not cover taking security over IP rights in the EU or other overseas jurisdictions. Lenders should seek appropriate local law advice when taking security over a multi-jurisdictional IP portfolio. However, we address below the impact of Brexit on security over IP rights registered in the EU before IP completion...

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Defence (database right infringement)

Defence (database right infringement) Case No. [insert number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [INTELLECTUAL PROPERTY ENTERPRISE COURT] BETWEEN: [insert full name of claimant]        Claimant and [insert full name of defendant]        Defendant ________________________________________ DEFENCE ________________________________________ 1 In this Defence, unless otherwise indicated: 1.1 paragraph numbers refer to paragraphs of the Particulars of Claim; 1.2 defined terms have the same meanings as those specified in the Particulars of Claim, without admission; and 1.3 the Defendant denies all allegations made in the Particulars of Claim, save as admitted or not admitted below. The Defendant requires to be proved any matter not addressed specifically in this Defence. 2 All documents referred to in this Defence will be referred to at trial for their full terms, meaning and effect. The Claimant and Claimant’s Database 3 Paragraph 1 is admitted. 4 Paragraph 2 is denied. It is denied that the [works, data or other materials] are arranged in a systematic...