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Reports of Patent, Design and Trade Mark Cases 2002 119(17):651-692; doi:10.1093/rpc/2002rpc35
© 2002 by Crown Copyright
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© Crown Copyright

[2002] R.P.C. 35

SWEENEY v. MACMILLAN PUBLISHERS LTD

High Court of Justice—Chancery Division

Before: MR JUSTICE LLOYD October 9, 11, 12, 15 to 18, November 22, 20011

[2002] R.P.C. 35

Copyright—Subsistence—Whether copyright subsisted in earlier drafts of finalised work—Whether publication of final version was publication of earlier drafts—Revived copyright—Whether defendants' work published pursuant to arrangements made while claimants' work in public domain—Whether defence of statutory licence available—Whether substantial part copied.

Passing-off—Goodwill—Definition of class of products in which goodwill alleged to reside—Whether definition too uncertain for protection.


1 Paragraph numbers in this judgment are as assigned by the court.


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