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INTELLECTUAL PROPERTY: Episode III – the final showdown

30 September 2011  

Sarah Bazaraa looks at the impact of Lucasfilm v Ainsworth

The Supreme Court recently handed down its much anticipated judgment in Lucasfilm v Ainsworth [2011]: a case that highlighted difficulty with the practical application of the Copyright Designs and Patents Act 1998 (CDPA) and that forced the judiciary back into the uncomfortable realm of the arts. Unexpectedly, the case has become an authority for the proposition that defendants domiciled in the UK may be sued in the UK in respect of acts of copyright infringement that have taken place outside the EU pursuant to foreign copyright law.

Additional Info

  • Case(s) Referenced:

    Breville Europe Plc v Thorn EMI Domestic Appliances Ltd [1995] FSR 77

    British South Africa Co v Companhia de Moçambique [1983] AC 602

    Frink America, Inc v Champion Road Machinery Ltd 961 F Supp 398 (NDNY 1997)

    London Film Productions Ltd v Intercontinental Communications, Inc 580 F Supp 47, 49 (SDNY 1984)

    Metix (UK) Ltd v GH Maughan (Plastics) Ltd [1997] FSR 718

    Potter v Broken Hill Pty Co Ltd [1905] VLR 612

    Tyburn Productions Ltd v Conan Doyle [1991] Ch 75

    Wham-O Manufacturing Co v Lincoln Industries Ltd [1985] RPC 127