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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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