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Friday 4 October 2013

MH Dispute Resolution

A picture is worth a thousand…pounds?

The possible perils of making use of photographs found on the internet are ably illustrated by the recent case of Jason Sheldon v Daybrook House Promotions Limited [2013] EWPCC 26 in which the Patents County Court (which has been renamed and reconstituted as the Intellectual Property Enterprise Court from 1 October 2013) gave judgment on a preliminary issue as to the appropriate measure of damages in a case of copyright infringement in a celebrity photograph.

 

Exclusive Jurisdiction Clauses

 The recent case of Euromark Limited v Smash Enterprises Pty Ltd [2013] EWHC 1627 (QB) once again shows the importance of ensuring that the terms of an agreement accurately reflect the intentions and wishes of the parties as, once the agreement is entered into, the parties will be bound by its terms. This case concerned a clause in an agreement that provided that the agreement would be governed by Australian law and that the parties submitted to the exclusive jurisdiction of the courts of Australia.

 

 

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