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Offshore Cases

Performing Right Society Limited -v- Bermuda Broadcasting Company Limited -and- The Attorney General (2017) SC (Bda) 56 CIV (21 July 2017)

July 2017 Contracts Intellectual Property, Trade Mark & Patents

Bermuda

Supreme Court

TRIAL OF PRELIMINARY ISSUES - VALIDITY OF COPYRIGHT AND DESIGNS ACT 2004 - WHETHER VOID FOR REPUGNANCY WITH COPYRIGHT, DESIGNS AND PATENTS ACTS 1988 (UK) AS EXTENDED TO BERMUDA WHETHER BERMUDIAN LEGISLATURE COMPETENT TO AFFORD PROTECTION TO FOREIGN COPYRIGHT

On 11 May 2017, the Plaintiff filed a Claim for damages for breach of copyright under the Copyright and Designs Act, 2004 (“CDA”). The Court ordered the trial of two preliminary issues arising from BBC’s Defence to the Plaintiff’s claim. Because the preliminary issues ordered to be tried sought a determination of the validity of a Public Act, the Attorney General was joined to the action for the purposes of the trial.

The BBC contended that the CDA was, by virtue of Section 2 of the Colonial Laws Validity Act, 1865, entirely void from inception for repugnancy with the Copyright, Designs and Patents Act, 1988 (“1988 UK Act”), which extended to Bermuda when the CDA became operative in 2008 – the application of the 1988 UK Act to Bermuda was revoked in late 2009.

The BBC submitted that Bermuda’s Legislature was not constitutionally competent to legislate in its own right in relation to foreign copyright protection, as the rights conferred lacked a substantial connection to Bermuda.

 

To continue reading full articles in PDF format:
Performing Right Society Limited -v- Bermuda Broadcasting Company Limited -and- The Attorney General (2017) SC (Bda) 56 CIV (21 July 2017)

 

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EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel: +1 441 298 7814
Email: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel: +1 284 852 1113
Email: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel: +1 345 814 7777
Email: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, QC
Tel: +852 2842 9553
Email: nigel.meeson@conyersdill.com

Offshore Cases

Performing Right Society Limited -v- Bermuda Broadcasting Company Limited -and- The Attorney General (2017) SC (Bda) 56 CIV (21 July 2017)

24 July 2017

Bermuda

Supreme Court

TRIAL OF PRELIMINARY ISSUES - VALIDITY OF COPYRIGHT AND DESIGNS ACT 2004 - WHETHER VOID FOR REPUGNANCY WITH COPYRIGHT, DESIGNS AND PATENTS ACTS 1988 (UK) AS EXTENDED TO BERMUDA WHETHER BERMUDIAN LEGISLATURE COMPETENT TO AFFORD PROTECTION TO FOREIGN COPYRIGHT

On 11 May 2017, the Plaintiff filed a Claim for damages for breach of copyright under the Copyright and Designs Act, 2004 (“CDA”). The Court ordered the trial of two preliminary issues arising from BBC’s Defence to the Plaintiff’s claim. Because the preliminary issues ordered to be tried sought a determination of the validity of a Public Act, the Attorney General was joined to the action for the purposes of the trial.

The BBC contended that the CDA was, by virtue of Section 2 of the Colonial Laws Validity Act, 1865, entirely void from inception for repugnancy with the Copyright, Designs and Patents Act, 1988 (“1988 UK Act”), which extended to Bermuda when the CDA became operative in 2008 – the application of the 1988 UK Act to Bermuda was revoked in late 2009.

The BBC submitted that Bermuda’s Legislature was not constitutionally competent to legislate in its own right in relation to foreign copyright protection, as the rights conferred lacked a substantial connection to Bermuda.

 

To continue reading full articles in PDF format:
Performing Right Society Limited -v- Bermuda Broadcasting Company Limited -and- The Attorney General (2017) SC (Bda) 56 CIV (21 July 2017)

 

 

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel.: +1 441 298 7814
Email.: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel.: +1 284 852 1113
Email.: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel.: +1 345 814 7777
Email.: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, Q.C.
Tel.: +852 2842 9553
Email.: nigel.meeson@conyersdill.com