Atari Can't Cash Inwards One's Chips Instance Shifted To Ny; Proficient Intelligence From Iraq

picked this example upward off Butterworths' All England Direct subscription service: Sawyer v Atari Interactive Inc [2005] EWHC 2351 (Ch), a Chancery Division determination of Mr Justice Lawrence Collins yesterday.

Sawyer, a Scotsman, designed in addition to developed of estimator games inwards which he owned the copyright. His delineate of piece of job organisation existence based inwards Scotland, he had an agent inwards England: that was Atari Interactive, a Delaware enterprise in addition to games distributor that was licenced to marketplace Sawyer's games. It was a subsidiary of New York-based Atari Inc. Atari Interactive sent all its accounting paperwork to Atari Inc inwards New York, for world-wide royalty accounting to live processed. The agreements nether which Sawyer licensed Atari Interactive specified that they were governed past times English linguistic communication police but did non comprise a alternative of courtroom or arbitration.

After a dispute arose inwards relation to royalties claimed past times Sawyer, he sued inwards England for, inter alia, an audit in addition to disclosure. He obtained permission to serve the writ out of the jurisdiction. Atari Interactive applied to remain the activeness on the the world that England was non the forum conveniens, contestation that almost of the issues involved accounting matters in addition to that the relevant witnesses in addition to documents were inwards the USA. Sawyer submitted that the issues inwards the activeness related essentially to questions of structure governed past times English linguistic communication police in addition to that, accordingly, England was the appropriate forum.

Lawrence Collins J refused to remain the activeness in addition to refused Atari Interactive permission to appeal, holding equally follows:

* The limited alternative of English linguistic communication police might, or mightiness not, live a meaning element inwards the determination of the appropriate forum, depending on the probable issues in addition to other questions unremarkably seat inwards the balance;

* The factors that were relevant included whether at that spot was whatsoever substantial departure betwixt English linguistic communication police in addition to the police to live applied past times the unusual court; if at that spot was a difference, would the unusual courtroom apply English linguistic communication police nether its rules of the conflict of laws; in addition to to what extent the dispute turned on questions of law.

* In this example England was the clearly appropriate forum since the centre of the dispute betwixt the parties rested on the interpretation of provisions of contracts governed past times English linguistic communication law. The example was non a largely fact-based dispute with little, if any, police involved, nor would the resolution of the dispute plow inwards large business office on accountancy bear witness equally to what sales accept been made.

* Sawyer's claim did indeed include a claim for specific functioning of the agreements to let him to send an audit in addition to to give him disclosure of documents, but those claims focused on matters of relief in addition to stemmed largely from the differing approach of the parties to the of import questions of the structure of the relevant provisions of the agreements. Moreover, Atari Interactive had exaggerated the New York connections of the evidence.

thinks this determination is right, given the learned judge's reasoning, but he notes how infrequently an application to remain U.K. proceedings inwards favour of a unusual activeness is e'er successful - at to the lowest degree inwards IP disputes.


2 At last, about proficient intelligence from Iraq

has read on Portal Republic of Iraq that Nearly thirty Iraqi businessmen, lawyers in addition to authorities officials accept straightaway received preparation inwards intellectual belongings rights. Led past times Izdihar (a States of America Agency for International Development project), the preparation was designed to increase awareness of intellectual belongings rules, business office of the World Trade Organization (WTO) multilateral trading system.

Right: infringers may acquire to a greater extent than than they induce out for if Republic of Iraq adopts a shoot-to-kill policy against them.

Iraq currently has protection for exclusively 3 types of IP rights: copyright, merchandise marks in addition to patents. Before it tin bring together the WTO, Republic of Iraq volition take away to protect almost other forms of IP rights too.

is delighted that intellectual belongings protection remains alongside the fledgling democracy's primary objectives in addition to hopes that Republic of Iraq is able to attract investment in addition to generate fresh IP of its own. Merpel adds, "and simply intend of all those geographical indications waiting to live protected ...".