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11 December 2008 / Carl Calvert
Issue: 7349 / Categories: Features , Legal services , Profession , Intellectual property
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Expert mapping

Carl Calvert expands on the complex world of maps and copyright

These days satellite images and the global positioning satellites (GPS) provide much to help the map maker—so why do people copy? Is it cost or eff ort or insuffi cient knowledge or just a “business plan”?

The following cases give examples of how expert evidence informs the courts of just what has been done so that points of copyright law can be argued. The law of intellectual property includes more than copyright and matters of unfair competition—database rights and licence agreements all have a part in the action.

Protection
Little British case law is available addressing the nature and protection of maps and, as Janssen and Dumortier note, the opportunity for a milestone case presented itself in the dispute between the Automobile Association (AA) and Ordnance Survey. “Ordnance Survey claimed to have discovered unauthorized copying of its maps by the AA: its experts had identified unique ‘fingerprints’ in the publications of AA atlases, town plans and fold-out maps, which proved that the AA

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

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Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

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Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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