Jaguar sues a bloke who build a replica - and wins!

[LPH_UK]

So when the designer dies the rules at the time was 25 year protection. This meant after 1995 you could make a replica.

The law was changed in 2020 to extend it to 70 years. If the replica was made whilst the rules allwoed it, how can new laws make it illegal? I thought stuff like this couldn't be applied restrospectively?

The press release also say the case was initially started in 2018 - which was before the extnesion of the rights to 70 years?

[john]

More and more mysterious then.
If the press release is to be believed, there does seem a good case for appeal. Maybe Sweden are looking for a deal to fill up the SAAB factory again.
If the worst comes to the worst they can always seek refuge from Swedish law in the Bolivian embassy.

[Normb666]

So the "design" is protected, but what does that mean? The under-the-skin build or layout of the components? Or the shape itself? If it's the shape, you only have to make a slight alteration and then it's no longer a replica. In fact maybe this whole thing comes down to what's considered a "replica"? Are these C-Types so close you could class them as such? None of our cars qualify, as they don't have a steel centre monocoque for starters. They're merely "homages" to the originals and based on the 250GTO ruling, we're home and dry as Lancia and Fiat have done nowt with the Stratos for years...in fact they even lost the name, as I remember!
Again, I think this is down to the Swedish court not understanding the issues.

As for JLR not being British, well maybe the owners aren't, but the factories and a lot of the management, including senior figures, sure are. Interestingly, the original Tata company was run in a very Quaker-type way, with much concern for the care of its employees. Maybe they need to be reminded of their social and ethical duty.

[renmure]

So the "design" is protected, but what does that mean? The under-the-skin build or layout of the components? Or the shape itself? If it's the shape, you only have to make a slight alteration and then it's no longer a replica.

My eyes glaze over when designs get a mention at home. My good lady is in the European top 1 of 1 in terms of UK/European Design law and regularly act for clients in Munich, The Hague, The High Court and the Court of Session in relation to these matters. If you are really (no, really, really) interested I'll send you a link for bedtime reading but counting sheep is far more entertaining.

I did a bad job on the toast so only got a brief summary which, as you might expect, could be summarised as "it's complicated" and the judgement might have been different under a different jurisdiction and an appeal may be successful. However, and this is the biggie... it's an expensive business. Lots of folk who are arguably in the right decide to take the line of least resistance when confronted with a scenario where they have to pay someone £600-£700/hr just to tell them what exactly it is they are being sued for in the first place.

[Longtimefan]

To return for a moment to Jaguar (JLR), according to Companies's House, it is a private company, a wholly owned subsidiary of TATA Motors Ltd, an Indian Company. I rest my case, and Jim, you've let it out of the box, now we know how the boys toys appear, mind you I don't envy the -20 at the moment.

[westonTB]

Maybe jlr or whoever 'owns' them should tread carefully, did jaguar not rip off the Disco Volante for their overrated e type thing back in the late fifties? ... glass houses and all that.

Norm is correct, absolute disgrace to say the least.

[Normb666]

Whichever country JLR are now affiliated with, the point is they're still thought of as British and they play heavily on that. So that's the thing to look at.
As for "design", yeah, that's what I was inferring in my earlier post. Who can say what that is? It's like trying to define what a classic car is, or what makes someone cool (although you just have to look at me, I suppose, as I open myself up for hilarious comments galore). It's that very vagueness that means a different court/magistrate/whatever could find the complete opposite and why an appeal could well succeed. Although if you cut the crap, that also means law and facts and bits of paper count for sod-all, as it's down to whoever's on the bench and which side of the bed they got out of that day, i.e. no matter how much you've paid for representation, it's blind luck

[Lancialulu]

Keep up to date John! Lancia is a premium brand that will be relaunched in 2024 under the new Stellantis product strategy. Lancia is at the top of the tree with Alfa and DS.

[Longtimefan]

I think I'm beginning to smell the hand of higher authority than JLR here, and are there not a number of companies in the UK that produce as a commercial business, replica 'C' type, 'D' type and even 'E' type body shells and chassis parts?

There are other implications as well, for instance, the Stag Owners Club will sell you a complete set of panels and parts to construct a body shell, all made from patterns and dies produced and owned by the club, but sold on a commercial basis.

I think that the larger manufactures are waking up to the fact that there is a huge additional market out there that they want to have a slice of, that is likely to grow considerably as we are forced to move away from what could be termed the conventional automobile to 'E' vehicles.

Robin

[john]

Ok Tim. They say a little knowledge is a dangerous thing. Last I saw was a campaign to save Lancia.
Any connection to the previous ownership or is it all new?
And should we be worried....!?!?