External links
- Official website
- 13 Old Square Chambers
- Authors' Licensing and Collecting Society
- Copyright Licensing Agency
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Jonathan D C Turner | |
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| Born | Jonathan David Chattyn Turner 13 May 1958 [1] Stourbridge, England |
| Nationality | British |
| Alma mater | |
| Occupation | Barrister [1] |
| Years active | 1983–present [1] |
Jonathan David Chattyn Turner (born 13 May 1958) [1] is an English barrister who specialises in intellectual property and competition law. A member of 13 Old Square Chambers in London, he is the author of a textbook on the application of European Union competition law to intellectual property, Intellectual Property and EU Competition Law (2010), which has received strong reviews describing it as " authoritative" and "very obviously the last word on the subject for the time being". [3] Turner is also a director of the Authors' Licensing and Collecting Society and of the Copyright Licensing Agency.
Turner was born on 13 May 1958 in Stourbridge, Worcestershire (now West Midlands), England. He was educated at Rugby School, Corpus Christi College, Cambridge (BA 1979, MA 1982), the Université libre de Bruxelles (Licence Spéciale en Droit Européen 1981) and Queen Mary College, London (1982). [2] Called to the bar at Gray's Inn in 1982, he completed pupillage at the Chambers of Leonard Hoffmann QC, Robin Jacob QC and Alastair Wilson QC the following year, and thereafter practised as a barrister in London until 1995, when he joined Coopers & Lybrand as head of intellectual property (IP) and IT law. He returned to independent practice as a barrister in 1997 and remains active today. [1]
Turner was appointed a panellist for determining domain name disputes by the World Intellectual Property Organization (WIPO) in 2000, [4] and by the Czech Arbitration Court in 2006. [5] He was elected a director of the Authors' Licensing and Collecting Society (ALCS) in 2010, and three years later appointed a director of the Copyright Licensing Agency (CLA). [1] Turner's 2010 textbook on the application of European Union competition law to intellectual property, Intellectual Property and EU Competition Law, has been very positively reviewed in law journals. [3] [6] [7] John Townsend, reviewing the book for the Modern Law Review , described it as "an authoritative study", "a substantial achievement" and "very obviously the last word on the subject for the time being". [3]
Cases in which Turner has acted include:
Co-author:
Contributor to:
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A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom.
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems.
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce their rights.
In international law, the Berne three-step test is a clause that is included in several international treaties on intellectual property. Signatories of those treaties agree to standardize possible limitations and exceptions to exclusive rights under their respective national copyright laws.
An orphan work is a copyright-protected work for which rightsholders are positively indeterminate or uncontactable. Sometimes the names of the originators or rightsholders are known, yet it is impossible to contact them because additional details cannot be found. A work can become orphaned through rightsholders being unaware of their holding, or by their demise and establishing inheritance has proved impracticable. In other cases, comprehensively diligent research fails to determine any authors, creators or originators for a work. Since 1989, the amount of orphan works in the United States has increased dramatically since some works are published anonymously, assignments of rights are not required to be disclosed publicly, and registration is optional. As a result, many works' statuses with respect to who holds which rights remain unknown to the public even when those rights are being actively exploited by authors or other rightsholders.
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights is a European Union directive in the field of intellectual property law, made under the Single Market provisions of the Treaty of Rome. The directive covers civil remedies only—not criminal ones.
The threshold of originality is a concept in copyright law that is used to assess whether a particular work can be copyrighted. It is used to distinguish works that are sufficiently original to warrant copyright protection from those that are not. In this context, "originality" refers to "coming from someone as the originator/author", rather than "never having occurred or existed before".
The Copyright, Designs and Patents Act 1988, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received royal assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.
The Satellite and Cable Directive, formally the Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission, is a European Union directive that governs the application of copyright and related rights to satellite and cable television in the European Union. It was made under the internal market provisions of the Treaty of Rome.
The IP Federation is a United Kingdom industry intellectual property trade association. It was founded in 1920 as an industry organization that provides input representing its members' interests in the United Kingdom and international intellectual property rule-making process. It celebrated its centenary on 23 April 2020.
The following outline is provided as an overview of and topical guide to intellectual property:
Sir Robert Raphael Hayim Jacob, PC, known as Robin Jacob, is a former judge in the Court of Appeal of England and Wales.
Intellectual property organizations are organizations that are focused on copyrights, trademarks, patents, or other intellectual property law concepts. This includes international intergovernmental organizations that foster governmental cooperation in the area of copyrights, trademarks and patents, as well as non-governmental, non-profit organizations, lobbying organizations, think tanks, notable committees, and professional associations.
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO.
Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner.
Christopher Michael Wadlow is a British solicitor who is Professor of Law at the University of East Anglia. He qualified as a solicitor in 1981 and practised with Simmons & Simmons in London until joining the University of East Anglia full-time as a Reader in 2004. He was appointed to a Chair in 2008. As a Christ's College, Cambridge graduate in Natural Sciences his major specialisation in practice was patent litigation, often with an international dimension. In Norwich, Wadlow teaches intellectual property. His main research interests are in or closely related to intellectual property and have three central themes: the place of the common law passing-off action within a wider category of unfair competition law; the public and private international law of intellectual property, including the potential for extraterritorial enforcement; and the harmonisation of substantive European patent law and patent litigation procedure.
Bristows is a full-service commercial, law firm, particularly known for its technology and intellectual property work.
Fair dealing in United Kingdom law is a doctrine which provides an exception to United Kingdom copyright law, in cases where the copyright infringement is for the purposes of non-commercial research or study, criticism or review, or for the reporting of current events. More limited than the United States doctrine of fair use, fair dealing originates in Sections 29 and 30 of the Copyright, Designs and Patents Act 1988, and requires the infringer to show not only that their copying falls into one of the three fair dealing categories, but also that it is "fair" and, in some cases, that it contains sufficient acknowledgement for the original author. Factors when deciding the "fairness" of the copying can include the quantity of the work taken, whether it was previously published, the motives of the infringer and what the consequences of the infringement on the original author's returns for the copyrighted work will be.
Designer Guild Limited v. Russell Williams (Textiles) Limited, is a leading House of Lords case on what constitutes copying in copyright infringement cases. The House of Lords considered whether there was infringement of a fabric design. Although both the copyrighted work and the infringing design were different in detail, the overall impression of the designs was the same. This decision is significant because the House of Lords ruled that copyright infringement is dependent on whether the defendant copied a substantial portion of the original work, rather than whether the two works look the same. The outcome suggests that in the United Kingdom the overall impression of a copyrighted work is protected if the copied features involved the labour, skill and originality of the author's work, even if the copyrighted work and infringing work are different in detail.
