Spare parts and copyright: the right decision for the wrong reasons

Article Abstract:

When Armstrong Patents Ltd. began to manufacture exhaust pipes that would fit British Leyland Motor's automobiles, British Leyland sued Armstrong for patent law violation. The case was significant not only because the spare auto parts industry for British Leyland cars amounts to 800 million pounds sterling annually, but also because it points up the need for modernized intellectual property laws in Great Britain and Scotland. British Leyland's patent on the design drawings of exhaust pipes to fit the automobiles it manufactures was not upheld by the House of Lords, because: (1) it was shown that Armstrong had not used these drawings when manufacturing its spare parts exhaust pipes, and (2) to uphold British Leyland's patent would have infringed on the rights of automobile owners, since it would limit their repair and replacement alternatives.

Motor vehicles and car bodies, Cases, Equipment and supplies, Automotive parts, Scotland, Intellectual property, United Kingdom. Parliament. House of Lords, Automobiles, British Leyland Motor Corporation Ltd., Armstrong Patents Ltd.

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Computer software - protective legislation at last

Article Abstract:

The problem of unauthorized use of computer software has become a practical issue in Great Britain, and the passage of the Copyright (Computer Software) Amendment Act into law addresses this problem. This is especially true in the area of computer games written on a modular basis. It is, therefore, important to know whether the copyright reproduction right is an adequate safeguard. Britain's Whitford Committee has suggested that computer programs be treated the same as other literary works, but Parliament has not yet decided on a new copyright stature. The Copyright (Computer Software) Amendment Act of 1985 was approved by the Crown on July 16, 1986. The Act extends to an infringing copy of a computer program consisting of a disc, tape, chip, or other device.

Prepackaged software, United Kingdom, Software, Computers, Digital computers, Copyright licenses, Copyright licensing

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An ill-designed act?

Article Abstract:

The Copyright, Designs and Patents Act of 1988 alters the legal stature of copyright law toward the copyright user instead of the copyright owner. Under the new law, literary materials and other materials qualified for copyright that are created by an employee in the course of employment are subject to first ownership by the employer instead of the employee. There is concern about the ambiguity of the term 'fair dealing' and other undefined exemptions in the Act. Copyright owners are also concerned that librarians and archivists are absolved of much of their responsibility for upholding copyright laws before copying material for users. In addition, the Act is criticized for being too long and detailed, as well as for containing too many contradictions.

Interpretation and construction, Patent law

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