Linklaters' reaction to UK Supreme Court judgment on Lucasfilm v Ainsworth
27 July 2011
The UK Supreme Court has today announced its judgment regarding Lucasfilm v Ainsworth (http://www.supremecourt.gov.uk/news/latest-judgments.html).
In response, Nigel Jones, Linklaters IP partner, said:
"The judgment contains a number of important messages for businesses for whom copyright is an important asset.
"First, English courts can decide whether non-UK and non-EU copyright has been infringed, provided they have in personam jurisdiction over the defendant. If you want to sue here, that is good news. If you want to avoid being sued here, it may be less welcome. (There has been considerable debate and controversy on this point. Businesses have as a result been unable to determine how best to enforce their copyright, or defend claims made against them. That uncertainty has now gone.)
"Secondly, appeals from the decisions of the trial judge should be made with caution. The decision contains a reiteration of the oft-stated principle that appellate courts should be slow to interfere with findings of the trial judge.
"And thirdly, businesses should heed the Court's warning that the boundaries of copyright protection should not be extended to works which do not fall within its intended ambit. It was on the basis of this point of principle that the Court held that the Imperial Stormtrooper helmets should not be treated as sculptures, and as a result, not qualify for copyright protection under English law."
For further information / to speak to Nigel Jones about the implications of the judgment, please contact Rupert Winlaw on +44 20 7456 3219 or Katie Taylor on +44 20 7456 2287
