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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 subjectWriting 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 structuredAnticipates new developments in the field in more depth than other textbooks, ensuring that readers are able to make informed judgments about forthcoming changes in the law, and understand the direction in which IP is movingNew to this Edition:A rewritten copyright section which covers the revolutionary case-law of the CJEU, in particular on originality, infringement, and the scope of rights, and analyses the extension of term for sound recordings/performances, the new 'Hargreaves exceptions', the Digital Economy Act 2010, the orphan works provisions in the EU Directive and the Enterprise and Regulatory Reform Act 2013, as well as the Supreme Court's decision in MeltwaterPart II on patents takes account of the impending Unitary Patent regime for the EU, alongside coverage of important case law from the CJEU (e.g. Brustle) and the Supreme Court on sufficiency, industrial applicability, and infringement by 'making' (Lundbeck v Generica, HGS, Schutz V Werit)The designs section has been updated in the light of CJEU (e.g. Grupo Promer), and domestic case law on Community Designs, UK Registered Designs and UK Unregistered Designs, as well as legislative reforms (such as repeal of section 52 CDPA and the other adjustments proposed to be effected in the Intellectual Property Bill 2013)Part IV on trade marks accounts for new case-law from the European Court of Justice, on the functions of marks (L'Oreal, Louis Vuitton, Interflora), the territorial aspects of notions such as distinctiveness, reputation, and genuine use (Leno Merken) and infringement (DHL), and anticipates the revision of the Community Trade Mark in light of the Max Planck reviewPart VI on litigation and remedies includes a review of the implications of the new unitary patent court system, and of the reforms of the Patent County Court (fee caps, and the introduction of the small claims process), considers developments in the field of injunctive relief, and examines the new Border Regulation, the Law Commission review of the 'threats provisions', and the criminalisation of registered design infringement under the Intellectual Property Bill 2013
Description
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 subjectWriting 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 structuredAnticipates new developments in the field in more depth than other textbooks, ensuring that readers are able to make informed judgments about forthcoming changes in the law, and understand the direction in which IP is movingNew to this Edition:A rewritten copyright section which covers the revolutionary case-law of the CJEU, in particular on originality, infringement, and the scope of rights, and analyses the extension of term for sound recordings/performances, the new 'Hargreaves exceptions', the Digital Economy Act 2010, the orphan works provisions in the EU Directive and the Enterprise and Regulatory Reform Act 2013, as well as the Supreme Court's decision in MeltwaterPart II on patents takes account of the impending Unitary Patent regime for the EU, alongside coverage of important case law from the CJEU (e.g. Brustle) and the Supreme Court on sufficiency, industrial applicability, and infringement by 'making' (Lundbeck v Generica, HGS, Schutz V Werit)The designs section has been updated in the light of CJEU (e.g. Grupo Promer), and domestic case law on Community Designs, UK Registered Designs and UK Unregistered Designs, as well as legislative reforms (such as repeal of section 52 CDPA and the other adjustments proposed to be effected in the Intellectual Property Bill 2013)Part IV on trade marks accounts for new case-law from the European Court of Justice, on the functions of marks (L'Oreal, Louis Vuitton, Interflora), the territorial aspects of notions such as distinctiveness, reputation, and genuine use (Leno Merken) and infringement (DHL), and anticipates the revision of the Community Trade Mark in light of the Max Planck reviewPart VI on litigation and remedies includes a review of the implications of the new unitary patent court system, and of the reforms of the Patent County Court (fee caps, and the introduction of the small claims process), considers developments in the field of injunctive relief, and examines the new Border Regulation, the Law Commission review of the 'threats provisions', and the criminalisation of registered design infringement under the Intellectual Property Bill 2013
