This chapter explores the infringement of patents. In the United Kingdom, s. 60 of the Patents Act is the key provision on direct patent infringement. The patentee will have to show two things: first, that one or more infringing acts have been committed within the United Kingdom, and second, that the defendant's conduct falls within the scope of protection afforded to the patent, i.e. within the literal or purposive meaning of the claims. By way of response, the defendant to a patent infringement action can raise a number of different arguments. It can deny that the claimant has established the elements of the infringement action by showing that no infringing conduct has been committed, or even if it has, that the defendant's product or process is not within the meaning of the claims. The Patents Act defines infringing conduct in s. 60. One critical aspect is that it must involve some sort of commercial activity.
Chapter
18. Infringement of patents
Chapter
4. Agency
This chapter focuses on the nature of agency before considering the role of agents. It highlights the vital role agents play in commercial activity as they become the middleman in everyday life. The primary role of agents in commerce revolves around the negotiation and conclusion of contracts. The chapter acknowledges that most developed legal systems recognise the concept of agency and that there is a marked similarity between the rules of different legal systems. It looks into the relationships created by agencies by considering the relationships and interplay between an agency, a third party, and a principal in different circumstances.
Chapter
8. Background To The Sale Of Goods Act 1979
This chapter outlines the Sale of Goods Act 1979 (SGA), which is the set of legal rules primarily concerned with the sale of goods. It presents the history of sales law, acknowledging that the modern law of sale is largely found in the SGA. The SGA primarily aims to remove the need to consult prior case law. Thus, decisions of courts in cases prior to the Act should only be examined for guidance in cases where the language of the Act is unclear or ambiguous. The chapter then reflects on the future of sales law, which is considered to be the heart of commercial activity.
Chapter
19. Contracts for the supply of services
This chapter covers the contracts for the supply of services. It explains that the provision of services is itself an important commercial activity, but many services are provided in the course of other commercial transactions. The Supply of Goods and Services Act 1982 (SGSA) applies to all non-consumer contracts involving the supply of services. The scope of the SGSA 1982 extends to all contracts involving the supply of services, including those for professional services and those which involve the supply or bailment of goods. The chapter also looks at the notion of product-as-service and circular economy before considering the future of goods and services of contracts.
