Contemporary Intellectual Property

Description

A unique perspective on intellectual property law. It examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come.

• An accessible and engagingly written introduction to intellectual property law
• Goes beyond an account of the law to look at policy directing legal decision making, as well as controversies and areas for further debate in order to give students an in-depth understanding of the subject
• Introduces the relevant European and international dimensions to IP law to ensure that students gain an understanding of IP law as a global subject
• Practical examples, exercises, and diagrams clearly illustrate the core principles and help to bring the subject to life
• Also available as an e-book with functionality, navigation features, and links that offer extra learning support

New to this edition

• Engages with Brexit in the introduction and throughout relevant chapters
• Coverage of important recent CJEU case law on communication to the public (Land Nordrhein-Westfalen v Dirk Renckhoff; Stichting Brein v Ziggo; Stichting Brein v Jack Frederik Wullems; GS Media v Sanoma), and developments in relation to the proposed EU Directive on Copyright in the Digital Single Market
• Discussion of recent UK case law on subsistence of copyright in TV formats (Banner v Endemol), fair dealing for the purpose of reporting current events (England and Wales Cricket Board v Tixdaq), and subsistence of database right (Technomed v BlueCrest)
• Includes recent CJEU case law on technical functionality (Doceram), defences (Nintendo v BigBen), and spare parts (Acacia v Audi and Porsche)
• Fully updated to incorporate all forthcoming changes to the UK Trade Marks Act 1994, plus the latest versions of the Trade Marks Directive 2015 and EU Trade Mark Regulation 2017, bringing together the changes to trade mark law introduced by the EU's 2015 trade mark reform package
• Discussion of EU Trade Secrets Directives and accompanying developments
• Coverage of new Supreme Court decisions on patent interpretation and construction (Eli Lilly v Actavis) and medical use claims and plausibility (Warner Lambert v Generics)
• Provides the latest updates on remedies, including recent case law from the CJEU on the IP Enforcement Directive, and the UK Supreme Court on blocking injunctions in Cartier v BSkyB
• The chapters on copyright, trade marks, and patents have been restructured

About the Author(s)

Abbe Brown, Professor in Intellectual Property, University of Aberdeen, Smita Kheria, Senior Lecturer in Intellectual Property Law, University of Edinburgh, Jane Cornwell, Lecturer in Intellectual Property Law, University of Edinburgh, and Marta Iljadica, Lecturer in Intellectual Property, University of Glasgow

Table of Contents

I. Introduction
1:Intellectual property law: An introduction
II. Copyright
2:Copyright 1: History, rationale, and policy context
3:Copyright 2: Subject matter, first ownership, and term
4:Copyright 3: Economic rights and infringement
5:Copyright 4: Exceptions and limitations
6:Copyright 5: Moral rights, and exploitation of copyright
7:Rights akin to copyright
III. Design Protection
8:Registered designs
9:Unregistered designs
IV. Patents
10:Patent regimes and the application process
11:Patentability
12:The power of a patent
V. Registered Trade Marks
13:Trade mark regimes and the application process
14:Definition of a registrable trade mark, and absolute grounds for refusal/invalidation and revocation
15:Relative grounds for refusal/invalidation, infringement, and defences
VI. Common Law Protection of Intellectual Property, Trade Secrets, and Information
16:Passing off
17:Breach of confidence
18:Control of information
VII. Intellectual Property, Free Movement of Goods, and Competition Law in Europe
19:Free movement of goods and intellectual property rights
20:EU competition law and intellectual property
VIII. Enforcement, Remedies, and Cross Border Litigation
21:Enforcement and remedies

Additional Resources

Digital formats and resources
The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.