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Showing posts with the label Sullivan v Bristol Film Studios

Patents County Court - the New Small Claims Track Rules

I discussed HM Government's proposal to introduce a new small claims track for the Patents County Court from the beginning of October 2012 in "The New Small IP Claims Jurisdiction"  (5 March 2012) and "Small IP Claims"  (Chambers website 8 May 2012). We now have the rules for the new court. Overview Rule 10 of The Civil Procedure (Amendment No.2) Rules 2012 (S! 2012 No 2208) amends Part 63 of the Civil Procedure Rules as follows: "Amendments to the Civil Procedure Rules 1998 10. In Part 63— (a) In the table of contents, after the entry for rule 63.26, insert— 'Allocation to the small claims track ........... Rule 63.27 Extent to which rules in this Part apply to small claims ........... Rule 63.28;' (b) in rule 63.1 (3), for 'Claims', substitute 'Save as provided in rule 63.27, claims'; and (c) after rule 63.26 , insert— 'Allocation to the small claims track 63.27.—(1) A claim started in or transferred to a p...

Enforcing Small IP Claims: Sullivan v Bristol Film Studios

In  Sullivan v Bristol Film Studios Ltd     [2012] EWCA Civ 570 (3 May 2012) the Court of Appeal dismissed an appeal from a strike out of a claim for copyright, moral rights and performers' rights infringement and breach of contract under CPR 3.4 by the Chancery interim applications judge sitting in Bristol. The claim was struck out as an abuse of the process of the court not because it was bound to fail, but because even if it were to succeed the costs of fighting it would be out of all proportion to the amount that the claimant was likely to recover. The claim was brought by a hip hop artist who had contracted with the defendant film company to make a video. The film was to have been a joint venture.  The claimant, Tony Sullivan (also known as Rudey Soloman ( "Mr. Soloman" ), made the soundtrack and appeared in the film.  The film company made the film in return for a share of the sales or other revenues.   After the film had been made, it was up...