Licensing in UK Law

Leading Cases
  • Scandecor Developments AB v Scandecor Marketing AB
    • House of Lords
    • 04 Abril 2001

    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.

  • The Newspaper Licensing Agency Ltd v Meltwater Holding BV
    • Court of Appeal (Civil Division)
    • 27 Julio 2011

    "(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.

  • Unwired Planet International Ltd v Huawei Technologies Company Ltd and Another Unwired Planet LLC (Tenth Party)
    • Chancery Division (Patents Court)
    • 07 Junio 2017

    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.

  • Peregrine Systems Ltd v Steria Ltd
    • Court of Appeal (Civil Division)
    • 14 Marzo 2005

    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

  • SDI Retail Services Ltd v The Rangers Football Club Ltd
    • Queen's Bench Division (Commercial Court)
    • 24 Octubre 2018

    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.

  • A. Fulton Company Ltd v Totes Isotoner (UK) Ltd
    • Court of Appeal (Civil Division)
    • 04 Noviembre 2003

    "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."

  • Interdigital Technology Corporation v Lenovo Group Ltd
    • Chancery Division (Patents Court)
    • 16 Marzo 2023
    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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Legislation
Books & Journal Articles
  • Licensing digitisation
    • No. 30-1, January 2000
    • VINE
    • 22-26
    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
    • No. 11-2, April 1947
    • Journal of Criminal Law, The
    • 0000
  • The Licensing Act, 1961: 1
    • No. 34-6, November 1961
    • Police Journal: Theory, Practice and Principles
    • 0000
    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.
  • COPYRIGHT LICENSING AND LIBRARIANS
    • No. 9-3, March 1988
    • Library Management
    • 33-42
    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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Law Firm Commentaries
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