E-commerce Law Intellectual Property and e- commerce 2

Intellectual Property Law This lecture will look at: Copyright Passing Off

Copyright What is copyright? Copyright is a protective right against an individuals creations. It prevents a person copying that material. Copyright is an automatic right, there is no need to apply for this.

Copyright Copyright is governed by the Copyright, Designs and Patents Act 1988

Copyright Original literary, dramatic, musical and artistic works typographical arrangements of published editions sound recordings, films, broadcast and cable;

Copyright and the Internet Copyright prevents the unauthorised copying of material. Copying from the Internet is incredibly easy.

Copyright On the internet all copying is authorised by an implied license. The terms of this license are limited to what is known as the Cache.

Antiquesportfolio.com v Rodney Fitch [2001] ECDR 5

Passing Off Passing off is used to protect unregistered trademarks. Easyjet v Dainty [2002] FSR 6

Passing Off In order for Passing off to be established the Claimant must show. Goodwill / reputation in his product in the minds of the public so that the public recognise the trade mark / get up as distinctive specifically to the Claimant.

Passing Off Misrepresentation by the Defendant leading the public to believe his goods are those of the Claimant. The Claimant suffers or is likely to suffer damage.