TfL Ref:         FOI-1644-2021

Thank you for your request received by Transport for London (TfL) on 18th November 2020 asking for information about the trademarking and copyrighting of London Underground train stock.

We can confirm that we do hold the intellectual property rights for some of our train and carriage designs. However we are refusing to provide you with information regarding the entire rolling stock, as well as the other information you have requested, under section 14(1) of the Act.

We consider that providing the requested information would place an unreasonable burden on us at this time. As you will be aware, it is essential for London, and in particular for all critical workers, that we continue to provide a safe transport network that enables them to make the journeys they need to and our staff are working hard to support them and protect all Londoners. We consider that answering this request would represent a disproportionate effort and would require the redirection of limited specialist resources and the attention of staff away from their core functions who could be supporting other essential activity.

We do wish to clarify that whilst we consider that your request falls under section 14(1) of the FOI Act, this does not reflect a conclusion that it has been your intention to place an undue burden on our resources.

On the specific application of section 14(1) we have been steered by the ICO guidance on the use of that exemption that can be found on its website here: https://ico.org.uk/media/1198/dealing-with-vexatious-requests.pdf

To be clear, it is the current context in which the request has been made that is central to our decision to apply the exemption set out in section 14(1) in response to your request. In particular, we consider the following elements of s14 apply in this instance:

• The request is likely to cause a disproportionate or unjustified level of disruption, irritation or distress in the current circumstances
• Lacks sufficient purpose or value in the current circumstances
• Overly burdensome in the current circumstances

Due to alternative working arrangements aligned with the Government’s measures to tackle the coronavirus, we do not currently have access to the necessary contracts required to provide the requested information as they are stored in our Corporate Archives which we are not currently able to access. Processing your request would require individuals to physically go to our Archives, contrary to current government advice, in order to access the relevant documents to compile the information requested and issue the response. We consider this to be a disproportionate burden on our staff and we cannot justify the use of our resources in this way at present for a request that we do not consider to carry any wider public interest.

Therefore we are refusing your request under s14 of the FOI Act.

If you are considering submitting a further FOI request please think carefully about whether the request is essential at this current time, as answering FOI requests will require the use of limited resources and the attention of staff who could be supporting other essential activity. Where requests are made, please note that our response time may be impacted by the current situation.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely,

David Wells
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London