Dutch Court Rules Again In Favour Of Harry Potter

(November 6, 2003 - Amsterdam) - The Appeal Court in Amsterdam, Holland today supported the position that Harry Potter was a unique character by finding that the Russian book, “Tanya Grotter” is a clear copyright and trademark infringement of J.K. Rowling’s much-loved works. Overturning an appeal by the creators of “Tanya Grotter” to an earlier court decision in favour of an action brought by J.K. Rowling, Warner Bros. Entertainment and De Harmonie (the publishers of Harry Potter in the Netherlands), the Dutch Court said that publication of the translation of “Tanya Grotter” would constitute a clear infringement of the copyrights of J.K. Rowling and the trademark rights of Warner Bros. Entertainment. The Court further upheld that “Tanya Grotter” cannot be considered a parody. The Court ordered that the Dutch publisher of “Tanya Grotter” should refrain from any publication of the “Tanya Grotter” book. In addition the Court ordered that the publisher should refrain from any infringement of the Harry Potter trademarks. Commenting on the decision Neil Blair, from JK Rowling’s Literary Agency Christopher Little, said: “We are absolutely delighted with this outcome and that the Court recognises that this book significantly infringes the intellectual property rights in Harry Potter. J.K. Rowling has always encouraged young writers all over the world and believes that copyright law is as important in protecting the creativity of burgeoning authors as it is for established ones. Today’s court decision supports and benefits all authors.” A spokesperson for Warner Bros. Entertainment said: “We are very pleased with this decision. It clearly reaffirms the uniqueness and genius of Harry Potter and author J.K. Rowling. It is also an important day for the laws protecting intellectual property.” Eric Keyzer, from Allen & Overy, the lawyers defending the intellectual property in “Harry Potter” said: “The Court has confirmed that this was a clear case of plagiarism and trademark infringement. We think this well reasoned judgement will be important in setting further precedents which will benefit the creative community throughout Europe.” # # #