Articles by ‘Stephen Welfare’

On March 9th the Supreme Court (formerly the House of Lords) gave judgment in the case of Magmatic Limited v PMS International Limited [the Trunki case].

On March 9th the Supreme Court (formerly the House of Lords) gave judgment in the case of Magmatic Limited v PMS International Limited [the Trunki case].

The Government has accepted a number of proposed changes to intellectual property law which had been put forward by the Law Commission. The commission had previously been asked by the Department for Business, Innovation…

As reported in our property litigation blog, the recent High Court case in Kent regarding the dispute over a Banksy mural raises interesting copyright issues. Just because you own the physical Banksy mural, does this mean you own the copyright in it too?

Royds once again offered advice to exhibitors at the International Spring Fair.

City-based law firm Royds will again be offering advice to exhibitors at the forthcoming Spring Fair. The team will be fielding questions and offering guidance to businesses from the homeware, gifts, fashion accessories and…

The Government recently published details for the Intellectual Property (Unjustified Threats) Bill, which seeks to introduce a simpler, more consistent legal framework.

Partner, and Head of Intellectual Property Unit, Stephen Welfare, looks at the unjustified threats regime in Intellectual Property Law. Making a threat to issue proceedings for infringement of Intellectual Property Rights can lead to the person issuing the threat getting into trouble, and not the receiver of the threat. The threats provisions in intellectual property law aim to deter owners of Intellectual Property Rights from making unjustified threats of proceedings that may put unwarranted pressure on traders. However, the current provisions are complex, inconsistent across the different rights and produce serious consequences if they are not followed carefully. The recently published Intellectual Property (Unjustified Threats) Bill, seeks to produce a more coherent and consistent set of rules.

IPEC rules on implied licence in joint venture negotiations.

One of the world’s best known chocolate makers has lost an intellectual property case at the European Court of Justice (ECJ).

Have you ever just copied a picture from the internet to use on your own website or marketing material? If the answer is yes, then you should be aware of a recent case involving two home improvement companies which has highlighted the potential pitfalls – and costs – of using photographs taken from the internet without permission.

Details have emerged about a new test scheme which will make it possible to deal with commercial litigation cases more quickly.