Intellectual Property Law

Fifth Edition

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson

Provides a detailed analysis of intellectual property law with reference to a wide range of academic opinion, giving readers a broad context in which to explore the key principles of the subject
Writing style is particularly clear - the authors retain clarity whilst including an impressive amount of detail, and discussion of even the most complex areas is lucid and structured
Anticipates new developments in the field in more depth than other textbooks, ensuring that readers are able to make informed judgements about forthcoming changes in the law, and understand the direction in which IP is moving

New to this Edition:

The latest analysis of the implications of Brexit for intellectual property law
New UK case-law on TV formats, fair dealing for reporting current events, along with the Supreme Court decisions of Actavis v. Eli Lilly, Starbucks, and Trunki
Takes account of latest CJEU case law, in particular on communication to the public (GS Media, Filmspeler and Pirate Bay), especially with respect to intermediaries
Includes treatment of new EU legislation on portability and implementation of the Marrakesh Treaty
Incorporates recent legislative changes including the European trade marks regime, including the consolidated EU Trade Mark Regulation, the Trade Secrets Directive, and the Intellectual Property (Unjustified Threats) Act 2017
An update on recent developments in relation to the proposed Unitary Patent and the Unified Patent Court
Outlines proposed changes in EU Copyright Package, including proposed new defences, press publisher right, and responsibilities of online platforms
A new chapter on the misuse of private information

Intellectual Property Law

Fifth Edition

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson

Description

Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible.

Previous publication dates

October 2014, September 2008, July 2004

Intellectual Property Law

Fifth Edition

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson

1. Introduction
I. Copyright
2. Introduction to copyright
3. Subject matter
4. Criteria for protection
5. Authorship and first ownership
6. Nature of the rights
7. Duration of copyright
8. Infringement
9. Defences
10. Moral rights
11. Exploitation and use of copyright
12. Limits on exploitation
13. Related rights
II. Patents
14. Introduction to patents
15. The nature of a patent
16. Procedure for grant of a patent
17. Patentable subject matter
18. Novelty
19. Inventive step
20. Internal requirements for patentability
21. Ownership
22. Infringement
23. Exploitation
24. Rights relating to patents
III. The Legal Regulation of Designs
25. Acquiring registered design protection in the United Kingdom and the European Community
26. The Community concept of design
27. Grounds for invalidity: novelty, individual character, and relative grounds
28. The rights of a proprietor of a UK registered design, a registered Community design, and unregistered Community design
29. Copyright protection for designs
30. Unregistered design right
IV. Trade Marks and Passing Off
31. Introduction to passing off and trade marks
32. Passing off
33. Misrepresentation
34. Damage
35. Trade mark registration
36. Subject matter
37. Absolute grounds for refusal
38. Relative grounds for refusal
39. Revocation
40. Infringement
41. Trade mark defences
42. Exploitation and use of trade marks
43. Geographical indications of origin
V. Confidential Information
44. Is the information capable of being protected?
45. Obligation of confidence
46. Breach, defences, and remedies
47. Misuse of private information
VI. Litigation and Remedies
48. Litigation
49. Civil and criminal remedies

Intellectual Property Law

Fifth Edition

Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson

Author Information

Lionel Bently, Herchel Smith Professor of Intellectual Property, University of Cambridge, Brad Sherman, Professor of Law, University of Queensland, Dev Gangjee, Associate Professor of Intellectual Property Law, University of Oxford, Phillip Johnson, Professor of Commercial Law, Cardiff University