The two year legal battle over the infamous ‘monkey selfie’ between a photographer and an animal rights group has finally reached its conclusion. Last month, a settlement was reached between the two parties, bringing this copyright drama to a quiet end.
By way of background, in 2011 a macaque monkey, named Naruto, took an image of itself in the Indonesian jungle after it picked up an unattended camera owned by photographer, David Slater. Disputes arose over ownership of the image when it was published on Wikipedia, without Mr Slater’s permission, and he asked for it to be taken down. The People for the Ethical Treatment of Animals (PETA) defended Naruto, arguing that he owned the copyright in the image.
However, Mr Slater contended that he had a valid copyright claim based on the fact that he engineered the situation that resulted in the picture. He befriended the group of wild macaques and set up his camera equipment in such a way that a “selfie” picture might come about. (more…)
As noted in our post earlier this week, the European Commission has released its position paper on the treatment of intellectual property (IP) rights (including geographical indicators) after the UK completes its exit from the EU. It sets out general principles on unitary IP rights, geographical indicators, exhaustion, supplementary protection certificates and the protection of databases.
CITMA recently published its position paper on post-Brexit registered trade mark and design rights, and rights of representation. Many elements of the EU paper reflect the position of CITMA, in particular the unitary character of IP protection for European Union Trade Marks (EUTMs) in the UK and EU after the withdrawal date. However, there are two aspects of particular interest to UK practitioners that were not addressed: rights of representation and reciprocity of UK geographical indicators. (more…)
On 1 October 2017 a number of important changes to EU Trade Mark Practice will take effect.
Here is what you need to know: (more…)
New Balance has won a record pay-out in a Chinese trade mark case after three Chinese shoemakers were found to have infringed the brand’s trademarked slanting “N” logo.
In this rare trade mark victory, the Chinese court awarded more than 10 million yuan (£1.2m or $1.5m) to New Balance. The case is believed to be one of the largest awards ever given to a foreign company in a trade mark dispute in China.
Although small by international standards, the significant increase on previous penalties reinforces current attempts by China to crack down on the widespread problem of trade mark abuse; this is particularly in light of international pressure on Beijing to take more action on suspected intellectual property theft by Chinese companies. (more…)