So similar a shot yous know why the copyright term is so long ...Clarke in addition to unopen to other v Artprints U.K. in addition to another is a Chancery Division determination of Mr Justice Lindsay, handed downwards in conclusion Fri but non all the same available from BAILII. This bill is taken from the LexisNexis Butterworth subscription service, which supplies so much useful information.
Artprints was involved inward the reproduction in addition to distribution of fine art works, the minute accused beingness its bulk shareholder. Artprints started commercially reproducing industrial plant of the creative somebody Francis Bacon nether what it said were the price of a copyright licence. Clarke in addition to others sued Artprints for copyright infringement, claiming that Artprints' licence was invalid because it was they who owned the copyright. On 31 July 2001 interim injunctive relief was ordered in addition to the courtroom gave farther directions concerning the deport of the proceedings, amongst item reference to disclosure timetables. For the side past times side 5 years the example crawled slow along. After both parties agreed to vacate the outset trial appointment inward Dec 2002, Clarke in addition to his colleagues complained that the minute accused failed to comply amongst the disclosure requirements. It took till June 2003 for the parties to course this number out. Further delay occurred when 1 of the claimants died inward March 2003 in addition to the parties agreed non to attempt a re-listing of the head action, pending the resultant of probate proceedings. Clarke wrote to the defendants inward Apr 2004, proverb that probate had been granted in addition to over again asking the minute accused to comply amongst the disclosure order. In ix May 2005 the defendants said that the proceedings had taken far likewise much fourth dimension so far in addition to that they would endure taking all steps to select the proceedings to their conclusion - but so did nothing.
In these proceedings the defendants sought to receive got the 2001 injunction discharged. They submitted that Clarke in addition to his friends had caused inexcusable in addition to unexplainable delay to the proceedings in addition to that they were happy exactly to sit down dorsum in addition to relish the interim injunction.Left: Influenza A virus subtype H5N1 Francis Bacon masterpiece. The symbolism is clear: litigation takes forever if there's no "meating" of minds ...
According to the defendants, 1 time an interim injunction was granted it was for the political party benefiting from that injunction to enable the example to progress equally expeditiously equally possible. Since Clarke in addition to Co. hadn't done that, the injunction should endure discharged. Clarke in addition to his colleagues disagreed: the delays were mainly caused past times the defendants in addition to the minute defendant's refusal to comply amongst the disclosure gild forestall the activity beingness taken further. Also, unopen to delays came from circumstances exterior the parties' control, piece other periods of inaction had genuinely been agreed.
Lindsay J dismissed the application. It was clear that the proceedings could receive got been brought to a in conclusion hearing before but, piece Clarke in addition to his colleagues had undoubtedly benefited from the price of the injunction for 5 years, they had purposely delayed proceedings inward gild that they would move along them. It was clear that a large proportion of the delay was caused past times the minute defendant’s refusal to comply amongst the disclosure order, notwithstanding repeated requests for compliance, in addition to that the other periods of delay had all been agreed betwixt the parties in addition to were non the claimants' fault. Accordingly at that topographic point were no grounds upon which the gild should endure discharged.
hates this course of thing. There's litigation which is caused past times the committee of an alleged wrong, which can't endure helped. There's litigation which is caused past times before litigation, which is highly annoying but sometimes necessary. Then there's litigation which is caused past times litigants themselves, which is a by-product of dispute resolution that should endure stamped out if possible past times the utilization of theatre example management amongst realistic fourth dimension tables in addition to dire threats equally to what happens to those who, without expert cause, neglect to discovery them. Merpel agrees. She vaguely recalls the dispute dorsum inward 2001 in addition to had only assumed that it had all been dealt amongst past times now.
Francis Bacon here.
A dissimilar Francis Bacon here
Francis the Pig here
Latest IP&T's July 2006 number of Butterworths' Intellectual Property & Technology Cases, edited past times Michael Silverleaf QC in addition to published past times LexisNexis Butterworths, is similar a shot available inward all its dark in addition to glossy splendour. This number features exactly 2 cases, but they're both biggies. The outset is McKennitt in addition to others v Ash in addition to another (Queen's Bench Division, Eady J), this beingness the confidentiality/ privacy adjust brought past times Loreena McKennitt (right) against a one-time friend who wrote a kiss-and-tell biography of her. The minute is the Chancery Division of Blackburne J inward HRH Prince of Wales v Associated Newspapers Ltd (No.2) - the copyright/confidentiality activity over Prince Charles's Hong Kong diaries.
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