COPYRIGHT AND COSTS

Spain introduces copyright levy

Slashdot reports that Spain is introducing a tax on all blank media, including cd-r, dvd-r, flash media, printers, scanners and mobile phones.

The IPKat reckons that, if a levy is being collected to recompense copyright holders, this should be reflected in a reduced royalty stream from other forms of copyright enforcement.


Prospective cost-capping in IP cases

Mann J has delivered what he states is, to his knowledge, the first case requesting a prospective cost-capping order in an IP case. The claimant in this passing off action (Andrew Knight v Beyond) is instructing his solicitors under a conditional fee agreement but does not have after-the-event insurance cover for any costs that he would have to pay the defendants if he were unsuccessful. The defendants sought an order which would prospectively limit the amount of costs which they would be liable for if the claimant succeeds in this action and get an order for costs against them.

The order was refused because Mann J found that the costs could be adequately dealt with through an after-trial costs assessment. Although there were certain ‘danger points’ identified with regard to proposed expenditure, the judge hearing any action regarding costs would be able to adequately police them ex post facto.

The IPKat notes that there’s a tricky balancing act to be performed here. While it would be undesirable for judges to interfere too closely in how litigants choose to run their cases, by the time it’s after the event, it may be too late for unreasonable costs to be recouped.