ARTICLE · 03 MAY 2011

IP Snapshot April 2011

CMS Cameron McKenna Nabarro Olswang

Explore more from CMS Cameron McKenna Nabarro Olswang

A portrait photo is afforded copyright protection under Article 6 of Directive 93/98 and of Directive 2006/116 if it is an original work resulting from the intellectual creation of the photographer, which is the case where the photographer ‘leaves his mark’.

United KingdomIntellectual Property

Lucy Kilshaw

Tom Scourfield

Bringing you regular news of key developments in intellectual property law.

COPYRIGHT

Advocate General's Opinion on Painer v Standard Verlags GmbH, Case-145/10, 12 April 2011

A portrait photo is afforded copyright protection under Article 6 of Directive 93/98 and of Directive 2006/116 if it is an original work resulting from the intellectual creation of the photographer, which is the case where the photographer 'leaves his mark'. The publication of a photo-fit based on a copyright portrait photo constitutes a reproduction within the meaning of Article 2(a) of Directive 2001/29 where the elements comprising the original intellectual creation of the template are also embodied in the photo-fit.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Joining The Dots – Part 4: Deadlines Announced

United KingdomIntellectual Property

CMS Kluge Advokatfirma AS

New Approach To Software Inventions Put To The Test At The UKIPO

United KingdomIntellectual Property

Joining The Dots – Part 4: Deadlines Announced

United KingdomIntellectual Property

Patenting Agrochemicals In Europe: Key Challenges And Opportunities For Innovators

European UnionIntellectual Property

Boult Wade Tennant LLP

Experimental Evidence In Patent Disputes, Part 1: Lessons From UK Case Law

United KingdomIntellectual Property

Carpmaels & Ransford LLP

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Trademark Disputes

Comparative Guide

Franchise & Licensing

Comparative Guide

Intellectual Property

Comparative Guide

Patent Litigation

See more popular content from

Intellectual Property

EU AI Act Article 50: New AI Transparency Rules

Article 50 of the EU AI Act introduces sweeping transparency obligations for AI providers and deployers, requiring disclosure of AI interactions, marking of AI-generated content, and labeling of deepfakes. These rules carry significant commercial and IP implications for businesses using AI to create marketing materials, synthetic influencers, and other valuable assets.

European UnionIntellectual Property

Potter Clarkson LLP

Guarding Your Brand: Trademark Scams In The UK

Trademark phishing campaigns are rising, with businesses increasingly being targeted by highly sophisticated, AI-driven trademark scams. Alice Wright analyses a prominent registration scam recently circulating in the UK to offer advice on how to identify trademark scams, what immediate steps to take if targeted, and how to proactively protect your business through legitimate channels.

United KingdomIntellectual Property

Novagraaf Netherlands BV

Shein v Temu: Testing The Limits Of Marketplace Liability

The ongoing commercial rivalry between fast-fashion giants Shein and Temu has evolved into one of the most significant intellectual property disputes in the e-commerce sector. This landmark case examines critical questions about copyright ownership, platform liability, and the legal responsibilities of online marketplaces in the digital age.

United KingdomIntellectual Property

Just A Matter Of Semantics? Patenting AI Inventions After The Emotional Perception Saga

The Emotional Perception saga has become a defining case for patenting AI inventions in the UK. Most significantly, the Supreme Court judgement1 of February 2026 has reformed the examination of mixed-typed inventions in general, i.e. inventions containing a ‘mixture’ of technical and non-technical features.

United KingdomIntellectual Property

Samsung Ordered To Pay The Swatch Group US$11.6 Million In Damages For Trade Mark Infringement

The High Court has awarded the Swatch Group US$11.6 million in negotiation damages against Samsung for trade mark infringements involving watch face apps on the Galaxy App store. Rejecting both parties' extreme valuations of US$170 million and US$301, the court established important principles for assessing damages when brand owners don't license their marks and no comparable market royalties exist.

United KingdomIntellectual Property

Mishcon de Reya LLP

High Court Clarifies The Limits Of Copyright Claims Against Online Marketplaces

The UK High Court has delivered a landmark ruling on online marketplace liability, dismissing Shein's copyright infringement claims against Temu and clarifying when platforms can be held responsible for third-party content. The judgment examines the boundaries of copyright ownership in complex supply chains and establishes important precedents for how marketplace operators should respond to infringement allegations.

United KingdomIntellectual Property

Patent Maintenance & Renewal Fees In The UK: A Quick Guide

Understanding the financial commitment of patent maintenance is essential for long-term IP protection. UK patents require annual renewal fees starting four years after filing, with costs increasing progressively each year.

United KingdomIntellectual Property

The Sound Of Ownership: Why AI Voice Cloning Is Raising New IP Questions

As AI voice cloning technology becomes increasingly sophisticated and accessible, the Save Our Voices Now campaign calls for statutory rights allowing individuals to own and control their voice as intellectual property. This article examines whether existing UK law sufficiently protects one of our most personal and recognisable attributes, exploring copyright, trade marks, passing off, and the practical steps individuals and businesses can take.

United KingdomIntellectual Property

UK To Abolish Series Trademarks

The United Kingdom has long maintained a highly distinctive and user-friendly mechanism within its domestic intellectual property (IP) framework: the series trademark. For decades, this system has allowed businesses – ranging from local startups to multinational corporations – to secure protection for slight variations of their brand identity under a single application.

United KingdomIntellectual Property

Novagraaf Netherlands BV

AI, Deepfakes And Image Rights: Does English Law Protect Your Face, Voice And Likeness?

Generative AI has created a legal vacuum where synthetic images and deepfakes can be created and shared without consent, yet English law offers no standalone "image right" to protect individuals. With celebrities like Lisa Riley and over 80 performers demanding reform, the question is whether the UK's patchwork of intellectual property, data protection, and common law protections can adequately address this rapidly evolving threat to personal autonomy and reputation.

United KingdomIntellectual Property

Mills & Reeve LLP