Intellectual Property Law: Text, Cases, and Materials

This book is a comprehensive resource for undergraduate and postgraduate students of intellectual property law, covering all areas of the law in the UK and providing international, EU, and comparative law perspectives.

Format: Paperback / softback
Length: 1008 pages
Publication date: 28 October 2021
Publisher: Oxford University Press

This comprehensive textbook offers a wealth of information for undergraduate and postgraduate students of intellectual property law. It combines extracts from key cases and secondary sources with critical commentary to provide a thorough resource for understanding this complex field. The book covers all areas of intellectual property law in the UK, including copyright, trade marks and passing off, confidential information, industrial designs, patents, procedures, and enforcement. Additionally, it delves into topical issues such as the application of intellectual property law to new technologies and character merchandising. While the book primarily focuses on intellectual property law within a domestic context, it also provides international, EU, and comparative law perspectives on major issues. Furthermore, it addresses the broader policy implications of legislative and judicial developments in the area.

Introduction:
Intellectual property law is a rapidly evolving field that plays a crucial role in shaping the modern economy. It encompasses a wide range of legal principles and regulations that protect the rights of creators, inventors, and innovators, ensuring that they can reap the rewards of their intellectual endeavors. This textbook aims to provide a comprehensive and up-to-date introduction to intellectual property law, covering all the essential topics and providing students with a solid foundation for their studies.

Copyright:
Copyright is a fundamental right that grants creators the exclusive right to their original works. It protects a wide range of creative expressions, including books, music, films, software, and artwork. The chapter on copyright discusses the legal framework for copyright protection, the rights and obligations of copyright owners and users, and the various remedies available for infringement. It also explores the implications of copyright law on the digital age, including issues such as online piracy and digital rights management.

Trade Marks:
Trade marks are distinctive signs or symbols used to identify and distinguish goods or services from those of others. They play a vital role in promoting brand recognition and customer loyalty. The chapter on trade marks covers the registration process, the legal requirements for a valid trade mark, and the protection provided by trade mark law. It also discusses the strategies for protecting trade marks, including trademark registration, enforcement, and dispute resolution.

Passing Off:
Passing off is a legal doctrine that protects the reputation and goodwill of a business or brand. It prevents competitors from unfairly trading off the reputation of a reputable business by selling goods or services that are similar to its own. The chapter on passing off discusses the legal principles of passing off, the factors that determine whether a passing off claim is successful, and the remedies available for infringement.

Confidential Information:
Confidential information is sensitive data that is not generally known to the public and that is valuable to a business. The chapter on confidential information covers the legal framework for protecting confidential information, the rights and obligations of parties who hold confidential information, and the various remedies available for breach of confidentiality. It also explores the implications of confidential information law on the modern business environment, including issues such as data privacy and cybersecurity.

Industrial Designs:
Industrial designs are the visual appearance of products or articles. They play a crucial role in promoting innovation and competitiveness in the market. The chapter on industrial designs covers the legal framework for protecting industrial designs, the requirements for a valid industrial design, and the protection provided by industrial design law. It also discusses the strategies for protecting industrial designs, including design registration, enforcement, and dispute resolution.

Patents:
Patents are legal rights that grant inventors the exclusive right to use or sell their inventions for a limited period of time. They encourage innovation and technological advancement by providing inventors with a financial incentive. The chapter on patents covers the legal framework for patent protection, the requirements for a valid patent, and the protection provided by patent law. It also discusses the strategies for obtaining and enforcing patents, including patent application, prosecution, and licensing.

Procedures and Enforcement:
Procedures and enforcement are essential components of intellectual property law. The chapter on procedures and enforcement discusses the legal framework for intellectual property disputes, including the types of disputes that can arise, the procedures for resolving disputes, and the remedies available for infringement. It also explores the role of intellectual property courts and tribunals in enforcing intellectual property rights.

Wider Policy Implications:
Intellectual property law has far-reaching policy implications that go beyond the legal framework. The chapter on wider policy implications discusses the policy objectives of intellectual property law, the role of intellectual property in promoting innovation and economic growth, and the challenges and opportunities faced by policymakers in developing and implementing effective intellectual property policies.

Conclusion:
In conclusion, this textbook offers a comprehensive and up-to-date introduction to intellectual property law. It combines extracts from key cases and secondary sources with critical commentary to provide students with a thorough understanding of this complex field. By covering all areas of intellectual property law in the UK, including copyright, trade marks and passing off, confidential information, industrial designs, patents, procedures, and enforcement, the book provides students with a solid foundation for their studies and future careers. The book also addresses topical issues such as the application of intellectual property law to new technologies and character merchandising, providing students with a comprehensive understanding of the evolving landscape of intellectual property law.

Weight: 1906g
Dimension: 322 x 224 x 41 (mm)
ISBN-13: 9780198842873
Edition number: 4 Revised edition