Contemporary Intellectual Property: Law and Policy

Brown, Abbe; Kheria, Smita; Cornwell, Jane; Iljadica, Marta

doi:10.1093/he/9780199671823.001.0001

Cited by 30 publications

(9 citation statements)

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“…6 Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (as amended on November 12, 2007). On English and European trade mark law, see Aplin and Davis (2017); and Waelde, Brown, Kheria & Cornwell (2016). 7 Chocosuisse Union des Fabricants Suisses de Chocolat v Cadbury Ltd [1998] ETMR 205.…”

Section: Trade Marks: the Legal Contextmentioning

confidence: 99%

11. Linguistic analysis in trade mark law: current approaches and new challenges

Durant¹,

Davis²

2018

Handbook of Communication in the Legal Sphere

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Section: Trade Marks: the Legal Contextmentioning

confidence: 99%

11. Linguistic analysis in trade mark law: current approaches and new challenges

Durant¹,

Davis²

2018

Handbook of Communication in the Legal Sphere

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“…17 It is worth noting that Guernsey, a small British island in the English Channel, has taken the creation and recognition of image rights to a new level by introducing a registrable statutory image right under its Image Rights (Bailiwick of Guernsey) Ordinance in 2012. 18 Registration under the Ordinance creates a recognised defined image right for the first time which is published in Guernsey's Register of personalities and images. 19 The proprietor of the registered personality obtains a legal property right similar to a trade mark which can then be assigned and licensed.…”

Section: International Level Of Protectionmentioning

confidence: 99%

“…347, 882. 18 The Image Rights (Bailiwick of Guernsey) Ordinance, 2012. 19 Section 5 of the Image Rights Ordinance 2012.…”

Section: The Significance and Value Of Image Rightsmentioning

confidence: 99%

Are sports image rights assets? A legal, economic and tax perspective

Coors

2015

Int Sports Law J

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Although a general right of protection for a celebrity image or personality has not been recognised by the English Courts, it appears that commercially, the sports industry deals with image rights as an intangible asset. This was illustrated in the recent case of Proactive Sports Management Limited v Rooney & Ors where the Court of Appeal upheld a previous ruling by the High Court that an image rights agreement entered into by Wayne Rooney with an image rights company was unenforceable as it was in restraint of trade. 1 The decision Sports Club Plc v Inspector of Taxes also indicates that the process of assigning an image right to a company can be seen as a valuable asset at least for tax purposes, provided that arrangements are commercially genuine. 2 Legal scholars in the UK have begun to explore how the field of law will and should respond to the growing commercialisation of image rights. Some suggest that the emerging significance of the commercial and tax value of image rights will have a transformative effect on the law. 3 Others argue that existing legal concepts such as the law of passing off and trademark protection in the UK can accommodate whatever the value of image rights. 4 This paper highlights the factors to consider in entering into sports agreements including the tax treatment applied to image rights and the recent update and commentary of the Inland Revenue (HRMC) to their capital gains tax manual on the taxation of image rights. 5 The commentary of HRMC on image rights is yet another indication that, although traditional common law remedies will evolve further in the light of the growing commercialisation of image rights, a formal legislative or jurisprudential recognition of personality rights remains unlikely in the near future in the UK.

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“…For recording and transmitting sounds, texts visual images, many new techniques have been proliferated. Digital technology has led to prodigious capacities in order to store, distribute as well as retrieve knowledge (Waelde, 2014). Unprecedented possibilities are provided by this technology for communication between different industries and people across the globe.…”

mentioning

confidence: 99%

“…The Government of Bahrain has made progress with regard to reducing copyright infringement (Orji & Uchenna, 2012). The Copyright enforcement campaign started by the Bahraini government in late 1997 and it was based on closures, inspections and public awareness (Waelde, 2014).…”

mentioning

confidence: 99%

The Role of Bahraini Law on Online Copyright Infringement

Alawsi¹

2020

IBES

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The main aim of this research paper is to look at the role of Bahraini law in copyright infringement. In Bahrain, many commercially pirated audio and video markets have been eliminated through various laws. However, video, software and audio piracy by end-users is still a huge problem. A copyright infringement is considered to be a violation of an organization or individual’s copyright. It describes the copyrighted material’s unauthorized use, such as images, text, videos, software, music and other original content. Copyright infringements have been formally addressed through various copyrights law in Bahrain, but there are some glaring omissions as well. No other protect has been attacked more than computer hardware and software in Bahrain, copying of computer software is “out of control” in Bahrain. Many companies have been accused of using illegal copies of Microsoft computer software products. The study argues that country might have a beautifully tidy and coherent law, but it might not be followed. The mechanisms of criminal and civil enforcement, and the working of patent and trademark offices and of the judicial system itself, are essential to the enforcement of copyright laws in practice. The absence of governmental interference helps Bahraini software pirates to work at will. The study concludes while contended that there should be a law with regard to compulsory licensing since this compulsory licensing would be required by the companies to transfer data to a domestic partner. Furthermore, stricter enforcement of copyright laws is essential because they would help prevent copyright infringements in Bahrain.

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Contemporary Intellectual Property: Law and Policy

Cited by 30 publications

References 0 publications

11. Linguistic analysis in trade mark law: current approaches and new challenges

11. Linguistic analysis in trade mark law: current approaches and new challenges

Are sports image rights assets? A legal, economic and tax perspective

The Role of Bahraini Law on Online Copyright Infringement

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