Intellectual Property Law

Description

Intellectual Property Law is the definitive textbook on this subject - an all-embracing and detailed guide to intellectual property law. It clearly sets out the law in relation to copyright, patents, trade marks, passing off and confidentiality, whilst enlivening the text with illustrations and diagrams.

• 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

About the Author(s)

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, and Phillip Johnson, Professor of Commercial Law, Cardiff University

Table of Contents

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:Rights associated with copyright
II. Patents
14:Introduction to patents
15: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:How design protection arises in the United Kingdom and the European Union
26:Subject matter: the requirement that there be a design
27:Grounds for invalidity: novelty, individual character, and relative grounds
28:Ownership, exploitation, and infringement: UK registered designs, registered community designs, and unregistered community designs
29:Copyright protection for designs
30:UK 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 and defences
47:Misuse of private information
VI. Litigation and Remedies
48:Litigation
49:Civil and criminal remedies

Reviews

"Review from previous edition 'There is no doubt that this edition is a perfect textbook for students, scholars and practitioners working on and interested in the subject of intellectual property in general.'" - European Intellectual Property Review

"'Its written style is impressive: lucidly explaining the detailed legal and, often, social issues that intellectual property law, in particular, encoutners. The authors' written style ensures these issues are not lost within the detail.'" - Student Law Journal

"'Clear, in-depth, insightful, comprehensive, and comprehensible...a must for all serious students and researchers of IP law.'" - Estelle Derclaye, Professor of Intellectual Property Law, University of Nottingham

"'Given the outstanding expertise of the authors, it is not surprising that Intellectual Property Law provides an in-depth analysis of protection regimes and problem areas while keeping the discussion clear and concise. A must read.'" - Martin R.F. Senfteblen, Professor of Intellectual Property, VU University Amsterdam

"'Indispensible for anyone working or studying in the field. Comprehensive without sacrificing nuance.'" - Graeme B. Dinwoodie, Professor of Intellectual Property and Information Technology Law, University of Oxford

Additional Resources

An example of a completed patent application is available online to accompany this book.

For further insight into intellectual property law, visit Lionel Bently on Twitter at @LionelBently.