Intellectual Property

Intellectual Property offers unrivalled coverage of all major intellectual property rights and is designed to equip you with a strong understanding of the wealth of domestic, European and international laws at play in this area.

This tenth edition has been substantially updated and streamlined to ensure the book best fits the contemporary intellectual property syllabus. Key updates to the new edition include:

* Significant restructuring to reduce the length of each chapter without compromising on coverage of each topic.

* A revised chapter structure which maps closely to the structure of a typical intellectual property module.

* Discussion on the creation of a European patent with unitary effect and a Unified Patents Court.

* Coverage of the new codifying trade mark regulation and the trade mark directive requiring implementation in 2019.

* An outline of the Intellectual Property (Unjustified Threats) Act 2017.

* Consideration of the potential wide-ranging effects of Brexit in relation to intellectual property rights and protections.

Brief Contents

Preface xii

Publisher's acknowledgements xiii

Table of cases xiv

Table of legislation xl

Glossary lvi

List of bibliographic abbreviations lxi

Case and other references and access lxii

Part One

PRELIMINARY CONSIDERATIONS

1 What are intellectual property rights? 3

2 Justification for intellectual property rights 20

3 Sources of intellectual property law 30

4 Enforcement of intellectual property rights

and unjustified threats 44

Part Two

COPYRIGHT AND RELATED RIGHTS

5 Subsistence and duration of copyright 67

6 Authorship and ownership of copyright 117

7 Authors' rights 140

8 Owners' rights, infringement and remedies 170

9 Dealing with copyright 231

10 Defences and the permitted acts 244

11 Orphan works 292

12 Computer programs 308

13 Databases 339

14 Satellite broadcasting 361

15 Circumvention of effective technological

measures 367

16 Electronic rights management information 376

17 Rights in performances 380

Part Three

RIGHTS IN DESIGNS

18 Introduction to design law 405

19 Community design 416

20 The UK registered design 447

21 The UK unregistered design right 476

Part Four

TRADE NAMES, SIGNS, MARKS, GOODWILL

AND GET-UP

22 Introduction to trade marks and passing off 523

23 The UK trade mark - registrability and

registration 537

24 The UK trade mark - grounds for refusal of

registration and invalidity 559

25 The UK trade mark - property rights,

surrender and revocation 604

26 The UK trade mark - rights, infringement

and remedies 616

27 The UK trade mark - limitations, groundless

threats and criminal offences 641

28 The new EU trade mark Directive 671

29 The European Union trade mark 683

30 Passing off 708

31 Malicious falsehood 747

Part Five

TRADE SECRETS AND INVENTIONS

32 Introduction to trade secrets and patents for

inventions 759

33 Trade secrets and the law of confidence 776

34 Requirements for the grant of a patent 819

35 Non-inventions excluded from the grant of

a patent (as such) 863

36 Other exclusions from the grant of a patent 885

37 Biotechnological patents 890

38 Entitlement to and dealing with patents 898

39 Patent infringement and remedies 926

40 Defences, groundless threats, revocation,

invalidity and surrender 967

41 The European patent, unitary patent and the

Unified Patents Court 990

Appendix - Useful website addresses 1001

Bibliography and further reading 1004

Index 1006