Category Archives: Legislation

IS A STORM BREWING IN THE BANKSY TRADE MARK TEACUP?

Posted on: October 7, 2020 by Adam Jomeen

Banksy hit the headlines last month when an EU trade mark featuring his iconic Flower Thrower graffiti was struck down by the EU’s Intellectual Property Office, reigniting claims that the Bristolian street artist is abusing trademark law to secure rights against third parties who commercialise his work without consent.  Whilst Banksy could in principle take […]

UK Ivory Ban: End to the lawsuit but Ivory Act is not enforceable just yet

Posted on: September 25, 2020 by Georgiana Stables and Julia Rodrigues Casella Hommes

The IAL blog has avidly followed the debate surrounding the UK’s position on the trade of ivory artefacts over the last two years, see June 2020 Update, November 2019 Update, July 2019 Update, May 2018 Update, April 2018 Update, January 2018 Update. The latest development has seen the Supreme Court denying the request to appeal made […]

Guelph Treasure Appeal Pending in U.S. Supreme Court

Posted on: August 21, 2020 by Stephanie Drawdy

A collection of ecclesiastical art known as the Guelph Treasure (Welfenschatz) is at the center of a U.S. restitution claim brought by heirs of Holocaust victims who sold it during the Nazi reign, previously discussed here. Having held the highly valued collection for approximately six decades, Germany is unwilling to part with what it considers […]

‘Embarrassingly out of kilter’ law destroys 46,000-year-old Aboriginal sacred sites

Posted on: June 17, 2020 by Elizabeth Pearson

The destruction of 46,000-year-old sacred Aboriginal rock shelters in Western Australia has prompted a national inquiry and calls for urgent reform of Indigenous cultural heritage law. During a mine expansion project, Rio Tinto detonated explosives in the Juukan Gorge in May, destroying two deep cave sites of the Puutu Kunti Kurrama and Pinikura People (PKKP). […]

5Pointz case stayed pending petition to U.S. Supreme Court

Posted on: June 12, 2020 by Stephanie Drawdy

A nearly seven-year long legal battle over the rights of aerosol artists that played out before the New York courts and resulted in a $6.75 million judgment in favor of the artists has taken yet another turn. In 2018, a ground-breaking judgment was handed down against a group of New York developers for willful removal […]

A final judgment? Court of Appeal rules in favour of the Ivory Act 2018

Posted on: June 5, 2020 by Charlotte Dunn

We have been following the debate over the UK’s position on ivory on the IAL blog over the past few years. The latest development has seen the Court of Appeal uphold the decision of the High Court, finding the Ivory Act 2018 to be lawful. What does this mean for the future of the ivory […]

What is a listed building? The Supreme Court provides clarity

Posted on: June 4, 2020 by Rebecca Reynolds

The IAL has been closely following the case of Mr Dill and the two lead urns in its passage through the courts over the past two years. Mr Dill sold the urns in 2009 without knowing that they were individually listed and therefore their removal required listed building consent. Having lost at the High Court […]

Iconic Titanic Marconi telegraph subject of key judgment

Posted on: May 28, 2020 by Paul Stevenson

Readers will recall the lore surrounding Titanic’s Marconi wireless operators, Jack Phillips and Harold Bride, who, it is said, famously stayed at their post sending distress messages whilst the Atlantic Ocean lapped at their feet. There has been conflicting and contradictory information about the demise of Phillips and Bride. Bride survived but it is almost […]

“Thinking without a bannister”: reflections on the Court of Appeal ruling on the Airports National Policy Statement Designation

Posted on: May 20, 2020 by Pamela Campion

In these extraordinary times of the Covid-19 pandemic, the ascendant market-oriented ideologies of the last five decades have been placed on lock down. We are all being forced to think about the society we live in and which outcomes should be prioritised. How do we balance the health of citizens against the growth of the […]

Recent US court case sheds light on copyright law and tattoos

Posted on: May 8, 2020 by Charlotte Dunn

In a recent US judgment, the court addressed the tricky topic of copyright and tattoos. This is an area in which many uncertainties and questions arise. Are tattoos copyright works? If so, who owns that copyright? How does copyright impact the tattooed individual’s ability to publicise their likeness and express themselves freely? The case in […]