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Check "Copying" Policies- 09/02/2010
Shropshire law firm FBC Manby Bowdler LLP is warning businesses to be extra vigilant when they are copying material from external sources.
Chris Kerr, an associate in FBC Manby Bowdler’s Litigation Department and member of the law firm’s specialist Intellectual Property and Information Technology (IP/IT) group, says it is all too easy for an organisation to infringe a third party’s Intellectual Property rights by unwise use of a photocopier or the Internet.
“It has never been easier to access information, with the resulting temptation to copy or slightly amend existing documents. However, in many cases using such material will be a copyright infringement,” says Mr Kerr, who is based in FBC Manby Bowdler’s Telford office.
“Businesses should have clear rules in place about what can be photocopied and what materials can be used from the Internet, especially in the case of competitors’ materials and of photographs or trade marks being cut and pasted from one web site to another.”
FBC Manby Bowdler recently advised one company which had breached a competitor’s Intellectual Property rights.
Mr Kerr explains: “Our client asked one of its employees to produce an instruction manual. Unknown to the management, the employee saved time by photocopying the main parts of a manual produced by a rival business, neatly ‘top and tailing’ it with a front and back piece with the logo of his employer.
“Only a few manuals were produced for internal use, but they infringed the competitor’s copyright. Somehow, one of the manuals came into the competitor’s possession and our client received a letter from solicitors acting for the competitors, threatening legal action, followed some days later, after an initial response by our client written without taking legal advice, by a High Court claim.
“After then consulting us, our client settled by offering an apology and delivering up all manuals in its possession. It paid only a nominal sum for damages. Because only a few manuals were produced for internal use, it had not received any revenue and its competitor would struggle to prove what losses it had suffered. But our client also had to pay its competitor’s legal and court costs.
“Infringing a third party’s IP rights can be an expensive business. It is vital to have policies in place to prevent this, but if it does happen, seek legal advice at the earliest possible opportunity,” concludes Mr Kerr.
FBC Manby Bowdler’s IP/IT group advises clients on licensing and protecting Intellectual Property and all aspects of Information Technology within an organisation. Services include registration and protection of trademarks, copyright, design rights and patents, as well as the licensing and use of all aspects of technology, as well as advice on the use of IT and IT contracts.
Clients can access these services IP/IT Group via any one of FBC Manby Bowdler’s offices in Shrewsbury, Telford or Bridgnorth.