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Chapter

This chapter discusses intellectual property enforcement and remedies available to an IP right holder in the event of an infringement of a right. It considers the UK rules on liability for groundless threats of infringement, including recent UK legislative developments in this field. It goes on to consider a range of interim remedies (including interim injunctions) and final remedies (including injunctions, intermediary injunctions, publicity orders, damages, and accounts of profits), all in the context of the EU IP Enforcement Directive and recent Court of Justice and UK case law developments. It also reviews criminal IP enforcement and enforcement considerations arising at an international level under TRIPS.

Chapter

Justine Pila and Paul L.C. Torremans

This chapter offers an outlook to the future of IP at the European level. The EU and its legal instruments primarily approach IP from a utilitarian free market perspective and that applies also to the way they look at the future. The chapter focuses primarily on that angle when it looks at how the European IP system could and should function in the future and which direction it is taking. In a sense it offers an opportunity for reflection and attempts to enhance the reader's insight in and understanding of IP by wrapping the critical analysis of its technical rules up in a more theoretical analysis.

Chapter

This chapter examines dealings in intellectual property (IP) rights. Given the economic importance of IP rights, it is necessary to understand how IP dealings — or transactions — work. The starting point for considering IP transactions is a simple principle — there is a distinction between being the author/creator of the underlying work, invention, mark, or design and being the owner of the right. For this reason, being the author/creator does not necessarily mean that one will always have the ability to enter into transactions with others concerning the work, design, invention, or mark. Generally, it is owners, or their agents/trustees, who will have the power to engage in IP transactions. There are two basic forms of IP dealings: assignment, and licensing. An assignment involves the outright transfer of ownership from the current owner to the new owner. By contrast, a licence is a mere permission to use the IP right.

Chapter

This chapter commences the discussion of the European law of IP by introducing the domestic and international IP systems that preceded and continue to exist alongside it. It starts with the ‘what, how, and why’ of IP law in general—what it is, how it came to be, and why it exists—and proceeds to consider European IP law as part of an international network of IP laws that, while being a product of the domestic IP laws of individual European states, nonetheless differs from those laws in three related aspects. First, unlike domestic IP laws, many international laws operate by establishing legal standards for states to implement within their own territories rather than by regulating the behaviour of those states’ citizens. Second, the need for international legal communities to accommodate the diverse values and legal traditions of their member states makes their IP laws and policies less likely to reflect a single model or justificatory theory of IP than those of individual countries. And third, a central aim of international European IP communities is to supplement or substitute domestic laws and policies with European laws and policies in pursuit of European objectives, including some that stand in tension with domestic interests, such as the abolition of territorial restrictions on the operation of IP regimes.

Chapter

Justine Pila and Paul L.C. Torremans

This chapter examines indications of geographical origin, which establishes a link between a certain geographical location and the goods originating from that location. That link allows the consumer to distinguish between identical or similar goods based on their geographical origin. The strength of the link varies between the different schemes and involves both human and natural elements. It is also important to realize that whilst similar to (collective) trade marks, indications of geographical origin are radically different as they are open standards. The chapter first looks at the position given to indications of geographical origin in the global and European IP systems. How did a historical practice develop into an exclusive right? And how is that exclusive right shaped and protected? It then focuses on the European system for the protection of indications of geographical origin.

Chapter

Justine Pila and Paul L.C. Torremans

This chapter deals with the enforcement of IP rights. Such enforcement takes place in search of redress and that redress is obtained in the form of remedies. The discussion focuses on remedies at a national level, i.e. the content of the applicable law determined by the court with competent jurisdiction, be it at a procedural or substantive level. It first looks at civil remedies. Civil proceedings brought by private parties are the norm in the enforcement of private rights, and thus take the lion's share of the enforcement and remedies effort in relation to IP rights, since the latter are very clearly private rights. The chapter then turns to criminal remedies. While criminal proceedings do not play an important role in the area of IP, some offences do exist and these types of proceedings are specifically concerned with cases of infringement that are seen as particularly serious from a public policy point of view. Examples include actions against copyright or trade mark pirates.

Book

Justine Pila and Paul Torremans

European Intellectual Property Law offers a full account of the nature, context, and effect of European IP law. The amount and reach of European law- and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European IP regimes as mere adjuncts to domestic and international regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main European IP systems, including the areas of substantive IP law on which they are based. The result is a full account of the European intellectual property field, presented in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. By drawing selectively on examples from domestic IP regimes, the text also illustrates substantive differences between those regimes and demonstrates the impact of European law and decision-making on EU Member States. The result is a modern treatment of European IP law that goes beyond a discussion of the provisions of individual legal instruments to consider their wider context and effect.

Chapter

This chapter provides an accessible introduction to intellectual property (IP) law. It provides and challenges some definitions of intellectual property law and IP itself. It discusses the development of IP law as a field of study in an increasingly global context and presents a realistic view of the law as it actually operates; the relationships between different levels of IP law—at national, European, European Union, and international levels; the various influences on the formation, justifications for, and development of IP law including between IP law and other legal fields; and the tensions that arise from different perspectives when the law seeks to protect IP.

Chapter

This concluding chapter explores the means available to the owner of an intellectual property (IP) right — whether a patent, trade mark, design, or copyright — to obtain redress for infringement. The law's exclusionary effect typically occurs by means of the claimant IP owner obtaining one or more remedies from a court against the defendant(s). Common remedies include injunctions and monetary compensation in the form of damages/accounts of profit. It is crucial to comprehend that the court, when granting remedies, attempts to strike a balance between the IP holder's rights and the principles of free competition. The chapter then considers the contexts in which IP rights are enforced and what remedies are available to a claimant before the full trial occurs, and what remedies are available to a successful claimant after there has been a substantive court ruling on infringement. It also looks at the problem of counterfeiting.

Chapter

This chapter provides an overview of the tension between the application of competition law and the exercise of IPRs. Key issues are the circumstances in which competition law may be applied to moderate the exercise of IPRs in the relevant market; clauses in intellectual property (IP) licensing agreements between undertakings that might be permissible in terms of EU competition law and those which are not; the conditions under which a refusal to supply products protected by an IP right might constitute an abuse of a dominant position by the right holder; and when competition law can provide a defence to an infringement action.

Chapter

This chapter assesses the rationales and justifications commonly seen for and against patents, which inform all aspects of patent law. Against this backdrop, the chapter explains the architecture and procedures of contemporary patent systems as they operate in the UK, within the European patent system, and through international agreements, instruments, and procedures. The chapter considers the patent registration process in the UK. Unlike copyright—and like registered trade marks and registered designs—patent protection is a registered right, granted by an intellectual property office following an application and examination process. The chapter also reviews changes over time and areas of particular debate and possible future evolution.

Chapter

Internet access is dependent on two major factors: Internet (generally referred to as IP) addresses, which are a functional equivalent to telephone numbers, and domain names. The former element raises a number of technical issues but is generally non-contentious. Systems of domain names—which effectively serve as an alias for IP numbers—are much more controversial and raise major issues how the Internet should be regulated. This chapter begins with a discussion of the emergence of Internet regulation. It then turns to domain names and the regulation of the domain-name system at both a global and country specific level.

Chapter

This book focuses on intellectual property (IP) rights as they apply in the UK, including rights created by the EU. Legal systems around the world have seen fit to create these rights or causes of action to protect intangible concepts such as inventions, literature, brands, designs, and so on. It is said that IP protects the products of the mind, but that does not really apply to brand protection or to the protection of some types of information. As IP rights are so diverse, the theoretical bases for legal protection vary and are dealt with separately in their relevant chapters. However, there are some common approaches, namely, the neo-classical micro-economic theory, rights-based, and other approaches. Common legal topics are dealt with here as they affect more than one IP right. Particular issues flowing from them will be mentioned in the following chapters.

Chapter

Justine Pila and Paul L.C. Torremans

This chapter looks into preliminary aspect of private international law, focusing on jurisdiction and choice of law. Before enforcement actions can get off the ground we need to know which court will have jurisdiction and which law that court will apply. Jurisdiction is based on the domicile of the defendant as a basic rule, but alternative fora are available. The courts of the place of the harmful event may also have jurisdiction and there are special rules for multiple defendant cases. Validity cases are subject to exclusive jurisdiction rules. In terms of choice of law, the law of the country for which protection is sought takes centre stage when it comes to IP. It is the law applicable to the IP right as such and it also applies to infringement.

Book

Abbe Brown, Smita Kheria, Jane Cornwell, and Marta Iljadica

Contemporary Intellectual Property: Law and Policy, fifth edition, offers a unique perspective on intellectual property (IP) law, unrivalled amongst IP textbooks. An accessible introduction to IP law, it provides not only a comprehensive account of the substantive law, but also discusses the overarching policies directing the legal decision-making, as well as areas for further debate. Intellectual property law is an increasingly global subject, and the book introduces the relevant European and international dimensions to present a realistic view of the law as it actually operates. It explores IP law as an organic discipline, evaluating the success with which it has responded to new challenges. Images and diagrams, with analysis of key cases and key extracts, are all incorporated alongside the author commentary to clearly illustrate the core principles in IP law. Exercise, questions, and discussion points are provided to help the reader to engage with the material, and additional material is provided in the Online Resources. Beyond providing an up-to-date account of IP law, the text examines the complex policies that inform modern IP law at the domestic (including Scottish), European, and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to IP law and policy, and the reader is encouraged to engage critically with the text and the subject matter. The book has been carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable way.

Chapter

Justine Pila and Paul L.C. Torremans

This chapter discusses the role of the EU in the IP field before and since the introduction of the Lisbon Treaty. To that end it introduces the EU legal order itself, including its founding Treaties, institutions, and authority to act (competence), with a focus on IP. The chapter is organized as follows. Section 2.2 traces the establishment of the European Economic Community and its development to the European Union. Section 2.3 describes the seven EU institutions: the European Council, European Commission, European Parliament, Council, Court of Justice of the EU, European Central Bank, and Court of Auditors. Section 2.4 explains the legal authority of the EU, in relation particularly to IP. Section 2.5 covers EU measures and their legal effects. And Section 2.6 discusses the actions of the Court of Justice.

Chapter

Justine Pila and Paul L.C. Torremans

This chapter offers a full and critical account of the arguments for and against the existence of IP systems in general, and of European IP systems in particular. It begins by considering two general theories in support of the recognition of IP rights as natural rights: the first casting IP as supporting the personal development and autonomy of individual creators (the argument from personhood), and the second casting IP as securing for creators such rights as they deserve by virtue of their acts of intellectual creation (the argument from desert). From natural law accounts of the existence of IP the chapter goes on to examine three other theories grounded in considerations of justice, utility, and pluralism respectively. According to the first, IP is defensible as a means of preventing people either from being enriched unjustly or from harming others by unfairly ‘reaping where they have not sown’. According to the second, IP rights are privileges conferred by the state on specific individuals in the pursuit of certain instrumentalist ends, such as encouraging socially desirable behaviour on the part of their beneficiaries or discouraging socially undesirable behaviour on the part of those whose freedoms they restrict. And according to the third, IP is a regulatory mechanism by which different understandings and traditions of protecting creative and informational subject matter are reconciled in support of legal and social pluralism. The chapter concludes with a discussion of the implications of the theoretical accounts for the duration of copyright and related rights protection and the patentability of biotechnology.