Topic: Trade Marks

Licensing: The Basics

What is a licence? A licence is a limited permission for another person to use your IP rights. It is a contract between the rights holder and the licensee whereby the rights holder consents for the licensee to do certain acts in exchange for some form of remuneration. Licensing is a very flexible way of exploiting IP because the parties to a contract are generally free to agree the terms they choose, depending on their commercial objectives. It is prudent to have these terms in writing so that both parties can be certain of the rights and obligations that...

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Using Other People’s Trade Marks in Your Film or Performance

Introduction Whether you are an independent film-maker, a big-budget studio or a theatre production, careful consideration must be given to any content which may infringe the intellectual property rights of others. Since we live in a commercially orientated society, companies often go to great lengths to protect their brands, products and reputation. In particular, content in a film or performance featuring another party’s “trade mark” may result in a lawsuit unless the necessary clearances have been made. The use of trade marks A trade mark is the legal equivalent of a potter’s stamp and is what allows someone to...

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Artists’ Remedies – copyright or contract?

The Story For some 8 years Cardrax and Sue Deakin enjoyed an amicable and mutually beneficial business relationship. Last year they became embroiled in a high profile Court case which led not only to the irretrievable breakdown of that relationship but also to great financial strain and enormous legal fees and a great deal of emotional stress on both sides. Ms Sue Deakin is an artist and illustrator whose experience includes illustrating children’s books and providing characters and accompanying designs (eg stars, swirls, squiggles etc) for greetings cards and other such products. Cardrax is a company which designs and...

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Development Agreements – What Do They Mean For My Idea?

This briefing note is aimed at prospective creative talent who intend to pursue a career in producing programmes and is intended to inform this audience of the key elements in what is typically the first stage of having a programme idea brought to life- from the proposal of your idea to providing development work under a Development Agreement to further your idea into a potential programme for broadcast. Purpose of a Development Agreement: A Development Agreement is a contract in which it is expressly agreed that you will develop and further your programme idea into something more tangible to...

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Fonts are intellectual property too

You’ve invested time and money into designing your corporate logo, but have you remembered to obtain permission to use your selected typeface, asks John McCallum, managing director of Monotype Imaging In today’s competitive business world, one of the best ways to increase awareness of a company is via an instantly recognisable logo. That way, as soon as people think of a sector, they immediately picture the logo of the leading organisation. For example, most people who think of Barclays Bank can easily call to mind its logo of light blue writing over dark blue background. The same is true for...

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