Kent Solicitors

Kaslers Solicitors LLP are pleased to announce the recruitment of Luke English to the Kings Hill based law firm to launch a new IP and Media Department.

Luke joins Kaslers with over 10 years London experience with the BBC, Walt Disney, PIAS and Wall of Sound in the world of media law, intellectual property rights, contracts and licensing.

Michael Breeze, Senior Partner at Kaslers, said, "with Maidstone Studios, the University of Creative Arts in Maidstone and the ever increasing popularity of music festivals in Kent, Kaslers was ideally placed to launch a new dedicated Department"

Luke English commented: "I am looking forward to applying my skills, drive and enthusiasm for the benefit of Kent based members of the creative arts. I would like to talk to Managers, Record Labels, Musicians, Actors, Actresses, Writers and Dancers who have got that "big break" but need legal advice on their contract from someone who knows the entertainment profession”.

Labels: Copyright intellectual property, media law

Question:

I have designed a new unique / bespoke hinge for a potential customer to use on a new electronic cabinet. This customer is now trying to get other sources to manufacture this hinge and cut me out of the business.Do I have any legal rights? Design rights etc...?

Answer:

Unregistered Design Right (“UDR”) protects design features of shape and configuration of the whole or part of an article, provided that the design is not “commonplace” in the design field at the time of its creation.

UDR protects industrial designs and other designs, whether or not these designs appeal to the eye.

UDR is not acquired by registration, but is acquired automatically when a design is created.

In the UK, UDR lasts for 10 years from the year of first marketing.

In the last 5 years, anyone who wants a licence to use the design can have one, on terms set by the UK Intellectual Property Office (UKIPO) if the parties cannot agree terms.

To take action against an infringer of an Unregistered Design Right, it is necessary to satisfy a court that you are the owner of the design, and that the infringer has copied the design or a substantial part of the design (as opposed to having created a similar design independently.

Labels: Copyright intellectual property, Unregistered Design Right

Ordnance Survey provides maps. You can download them on-line and you need to be licensed /have an account with them

In a recent case, a defendant company employed a student during the vacation. His university had a license - for the purposes of research - and he had a username and password.

Whilst working with the defendant company, the student used it to download maps to further his own studies (as he was entitled to do) but also for the business.

After the student left the defendant company, the latter (without the formers knowledge) continued to use his username / password (retained on their computer system) to obtain maps.

This was a clear breach of copyright by the defendant company

Labels: Copyright intellectual property