The protection of image rights was explored at the recent
Intellectual Property Lawyers' Organisation (TIPLO) dinner at
the House of Lords.
Olsen lawyer Elaine Gray was part of a panel discussing the
topic that included Michael Bloch QC, Clive Thorne, TIPLO Chairman
and Partner at RPC, and Christine O'Neill, Chairman and Partner
at Brodies LLP.
Among the guests were Martin Howe QC, one of the lawyers who
acted for Rihanna in Fenty v Arcadia when the pop singer made a
successful claim against Topshop for using her image without her
consent, and Patents Court judge, Sir Richard Arnold.
Advocate Gray said: "Being part of this prestigious panel
demonstrates that the UK is taking notice of Guernsey's
ground-breaking intellectual property work. Carey Olsen is leading
the market in this rapidly-evolving area.
"With cases like Fenty v Arcadia making headlines across
the country, and indeed the rest of the world, there is an
increased interest in the way that celebrities protect their
images. This interest heralds opportunities for Guernsey thanks to
our unique image rights legislation."
She added that the discussion presented the opportunity to
impress upon lawyers with an impressive client base what Guernsey
offered in terms of the expert knowledge required to compete in a
market where high profile reputations are at stake.
The first session of the debate was entitled 'Image Rights -
a case for registration'. The discussion focussed on whether
the UK should follow Guernsey in introducing registration of image
rights or whether trade mark and passing off rights were enough
protection. Participants also questioned whether the balance of
power had swung too far in favour of celebrities following Fenty v
The issue of intellectual property considerations in the
Scottish independence debate was also discussed. The delegates
considered whether Scotland needed its own Intellectual Property
Office, whether there would be an opportunity for Scottish-specific
intellectual property protection and what effect independence would
have upon existing UK and EU wide intellectual property.
As reported in the market updates section of this newsletter, the UAE Ministry of Economy recently reviewed the fees charged by its various departments, including the Trade Mark, Patent and Copyright Office.
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