Full Description
The fifth edition of this textbook has been brought fully up to date with recent statutory and common law changes for 2002. The book provides undergraduate students with a substantial view of intellectual property law, dealing with principles, academic issues and practical considerations. It is fully referenced by way of marginal notes, and diagrams, tables and facsimile documents are interspersed within the text. The author gives an historical background to the current statutory and common law and analyzes the grey areas revealed as English law struggles to keep up with technological change and European harmonisation. The copyright section now covers the Copyright and Rights in Databases Regulations 1997 and the Copyright and Related Rights Regulations 1996, in addition to recent cases and developments on jurisdiction and the Privy Council decision in Canon v Green Cartridge. The patents section has been substantially enlarged and includes material on the Technology Transfer Regulation and the House of Lords' decisions in Biogen v Medeva and Merrell Dow v Norton, and the proposal for a utility model form of protection. The design law section includes discussion of recent important cases on the design right, such as Ocular Sciences v Aspect Vision Care and Mark Wilkinson v Woodcraft Designs, and covers developments in Europe to harmonize the registered design. More important cases under the Trade Marks Act 1994 are included, as are some significant cases under the 1938 Act, such as Elvis Presley Trade Marks. The impact of the Internet and domain names is also dealt with, including discussion of cases such as Pitman Training v Nominet and Marks & Spencer v One in a Million.
Contents
Table of casesTable of legislationGlossaryTable of abbreviationsPART 1: PRELIMINARY1.Introduction PART 2: COPYRIGHT (INCLUDING RIGHTS IN PERFORMANCES)2.Background and basic principles 3.Subsistence of copyright 4.Authorship and ownership of copyright 5.Moral rights 6.Infringement and remedies 7.Defences to copyright infringement 8.New technology and copyright 9.European and international aspects of copyright 10.Rights in performances PART 3: THE LAW OF BREACH OF CONFIDENCE11.Nature of the law of confidence PART 4: PATENT LAW12.Patent law - background, basic principles and practical aspects 13.Requirements for patentability and ownership 14.Patents: infringement, defences and remedies 15.Patents in Europe PART 5: DESIGN LAW16.What is a design 17.Registered designs 18.Design right PART 6: BUSINESS GOODWILL AND REPUTATION19.Trade marks - background and introduction20. Registrable trade marks, registration and trade marks as property21.Trade Marks - Rights, Infringement, Defences and Remedies22.CTM and European and International Aspects of Trade Marks23. Passing off
