Licensing in UK Law
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Scandecor Developments AB v Scandecor Marketing AB
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Nor does the wider interpretation undermine the protection which a trade mark is intended to afford customers. For their quality assurance customers rely on the self-interest of the owner. They assume that if a licence has been granted the owner can be expected to have chosen a suitable licensee and imposed suitable terms. They also assume that during the currency of any licence the licensee, as well as the owner, is likely to have an interest in maintaining the value of the brand name.
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The Newspaper Licensing Agency Ltd v Meltwater Holding BV
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"(33) The exclusive right of reproduction should be subject to an exception to allow certain acts of temporary reproduction, which are transient or incidental reproductions, forming an integral and essential part of a technological process and carried out for the sole purpose of enabling either efficient transmission in a network between third parties by an intermediary, or a lawful use of a work or other subject-matter to be made.
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Unwired Planet International Ltd v Huawei Technologies Company Ltd and Another Unwired Planet LLC (Tenth Party)
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Given the FRAND undertaking a rate had to be settled somehow. Huawei offered rates which were too low to be FRAND and they will have to pay at a higher rate than they were offering. Their offered rates were not FRAND either and were quite some way further from the end result than Huawei's. The correct thing to do with the costs associated with the FRAND rate is to deprive Unwired Planet of them but go no further than that.
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Peregrine Systems Ltd v Steria Ltd
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In my judgment, the correct interpretation of authorities such as Hick v. Raymond & Reid [1893] AC 22 is that adopted by His Honour Judge Richard Seymour QC in Astea (UK) Ltd v. Time Group LTD [2003] EWHC 725, [2003] All ER (D) 212, where he said that the question whether a reasonable time has been exceeded is
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SDI Retail Services Ltd v The Rangers Football Club Ltd
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There is a risk that damages may not be an adequate remedy having regard to the cap on damages and the exclusion of consequential losses. But more significantly, in my judgment, this is not a case where it can be said that the grant would be out of all proportion to the requirements of the case or that the order would operate with extreme (or any) harshness on Rangers.
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A. Fulton Company Ltd v Totes Isotoner (UK) Ltd
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"This means that the proprietor can trim his design right claim to most closely match what he believes the defendant to have taken. The defendant will not know in what the alleged monopoly resides until the letter before action, or, more usually, the service of the statement of claim. This means that a plaintiff's pleading has particular importance. It not only puts forward the claim but is likely to be the only statement of what is asserted to be the design right."
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Interdigital Technology Corporation v Lenovo Group Ltd
Damages for patent infringement in a particular jurisdiction. Future rate weightings. Willing licensee. Past sales. Volume discounts“
I realise that my conclusion may imply that the patent counting studies on which InterDigital relied are not a reliable guide to the value to be attributed to their portfolio, but there are many reasons why that might be the case. It may also be the case that other inputs (e.g. the ASPs) were inappropriate. It is not necessary to explore those reasons any further.
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Licensing digitisation
In January 1998, CLA announced that it had the support of rightsholders' groups to develop licensing schemes for the digitisation of printed material. However, strict conditions were imposed. After...
- Licensing Planning
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The Licensing Act, 1961: 1
Chief Inspector Jempson deals in this article with Part I and some of Part II of the Licensing Act, 1961. The remainder of Part II and Part III will be dealt with in a second article.
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COPYRIGHT LICENSING AND LIBRARIANS
Librarians and other information service professionals are naturally concerned with the needs of their end‐user communities as well as their own service requirements. This overview of licensing met...
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UK Export Licensing Trends
The Export Control Organisation (ECO) has released its latest set of data on export licensing. For the first time, this has been produced to be compliant with the UK Statistics Authority’s code of ...
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Gambling (Licensing & Advertising) Bill - What next?
With the Gambling (Licensing & Advertising) Bill (‘Bill’) awaiting Royal Assent, what’s next for remote gambling operators targeting the UK market? The final amendments were made to the Bill...
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Gambling (Licensing & Advertising) Act 2014: Statutory Instrument laid before Parliament
The Statutory Instrument which sets out the transitional provisions for the new Gambling (Licensing and Advertising) Act 2014 (“Act”) has been published. The Gambling (Licensing and Advertis...
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Gambling (Licensing & Advertising) Act 2014 gets Royal Assent
The Gambling (Licensing & Advertising) Bill received Royal Assent on 14 May 2014. The final version of the Gambling (Licensing & Advertising) Act 2014 (the “Act”) is available here (see full articl...
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Applications relating to licensing of Houses in Multiple Occupation (HMOs) and selective licensing
Housing and planning forms including Rent Repayment Orders and Demolition Orders.
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Appeal to the Upper Tribunal against a Goods Vehicle Operator licensing decision of the Department for Infrastructure (DfI)
Forms to appeal decisions by certain first-tier and other tribunals and organisations. Includes social security and child support, and mental health appeals.
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Application under regulation 6 of the Mobile Homes (Site Licensing) (England) Regulations 2014 ('the 2014 regulations') with regard to the local authority's refusal to issue, or consent to the transfer of, a site licence
Forms relating to park homes including termination of an agreement.
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Application to extend time
Gangmasters forms including the application notice for an appeal.... ... PLEASE COMPLETE THIS FORM IN BLOCK CAPITALS AND USE BLACK INK AS THIS FORM MAY BE PHOTOCOPIED ... To the secretariat of the Gangmaster Licensing Appeals: ... hereby apply for an extension of time under Regulation 13(1) of The Gangmasters ... (Appeals) Regulations 2006 ... 2. I have instructed ... ...