The rule in ‘British South Africa’ extends also to intellectual property. The court was asked whether, many years after the death of Sir Arthur Conan Doyle, there still existed copyrights or other intellectual property rights under the laws of the United States, or under state laws, which could be asserted to prevent the distribution of a film about Sherlock Holmes in that country.
Held: The issue was not justiciable in England and that, in any event, the proceedings were pointless since there was nothing to show that the courts in America would pay any attention to the result of the English case supposing it had been allowed to go ahead.
Judges:
Vinelott J
Citations:
[1991] Ch 75, [1990] 1 All ER 909, [1990] 3 WLR 167, (1990) 19 IPR 455
Jurisdiction:
England and Wales
Citing:
Cited – British South Africa Company v Companhia de Mocambique HL 8-Sep-1893
Two companies, one Portuguese, the other British and controlled by Cecil Rhodes, were in dispute about a large territory called Manica. The Portuguese company complained that they owned lands and mineral rights in Manica yet the British company had . .
Cited by:
Cited – R Griggs Group Ltd and others v Evans and others (No 2) ChD 12-May-2004
A logo had been created for the claimants, by an independent sub-contractor. They sought assignment of their legal title, but, knowing of the claimant’s interest the copyright was assigned to a third party out of the jurisdiction. The claimant . .
Overruled – Lucasfilm Ltd and Others v Ainsworth and Another SC 27-Jul-2011
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, International
Updated: 11 November 2022; Ref: scu.199471
