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03 August 2011
Issue: 7477 / Categories: Legal News
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Helmet breaks copyright frontier

The force was with the manufacturer of the original Star Wars stormtrooper helmets in a Supreme Court hearing on copyright last week

The justices unanimously held that the helmets are not works of sculpture and therefore not protected by UK copyright law, in Lucasfilm Ltd v Ainsworth [2011] UKSC 39.

They also held—in a “major” change of policy—that foreign copyright infringement claims can be brought in the English courts.

The defendant made the helmets for the first Star Wars film in 1976. In 2004, he began to produce and sell replicas. In 2006, Lucasfilm obtained judgment in default through the US courts.

In order to bring their case in England, Lucasfilm argued that the design was an artistic work and covered by copyright law. If it was a functional design then copyright protection would not apply.
Martyn Fish, partner at HGF Law, said: “It means any foreign company can try to enforce copyright in the UK courts, which is a major change.

“A lot of IP lawyers will be surprised by this judgment. It’s good news for us though as it may mean more work. It’s one more way of enforcing the law and may provide clients with a stronger remedy. I would be amazed if forum shopping didn’t take place.”

Danielle Amor, associate at Hogan Lovells, said: “Before now, you needed to litigate the infringements separately in each jurisdiction where your rights had been infringed.

“Claimants may now be able to bring actions in the UK against UK resident defendants for infringement of their rights in multiple jurisdictions.”

Issue: 7477 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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