This chapter considers the international aspects of intellectual property rights. It summarizes the various international conventions, treaties, agreements, and protocols that are in place, all of which are administered by the World Intellectual Property Organization. The chapter also discusses European initiatives in the areas of patents, trade marks, industrial designs, and copyright.
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This chapter considers two forms of design right available in the United Kingdom: registered and unregistered design rights. The former is the older concept and was initially applicable to designs intended to be imprinted on linen; the system was extended to other forms of product by the Copyright and Design Act of 1839. This offered protection for ‘the ornamentation and for the shape and configuration of any article of manufacture’. The notion of unregistered design right was introduced to the United Kingdom in the Copyright, Designs and Patents Act 1988. Design rights in tablet computers are also discussed.
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This chapter focuses on trade mark protection in the United Kingdom and its operation in the context of Internet related activities. Trade marks constitute a key component of the system of intellectual property rights. The present law is to be found in the Trade Marks Act 1994, which was introduced in order to enable the United Kingdom to comply with its obligations under the 1988 EC Directive to Approximate the Laws of the Member States Relating to Trade Marks. The chapter discusses the effect of trade marks; the doctrine of passing off; trade marks and information technology; Internet-related trade mark disputes; the uniform dispute resolution rules; and trade marks and Internet search engines.
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This chapter begins with a historical overview of intellectual property rights. It traces the origin and evolution of the patent system, trade marks, and the copyright system, and then turns to the definition and justification of intellectual property, followed by a discussion of the current economic importance of intellectual property.
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This chapter discusses the enforcement procedures used in relation to intellectual property rights, the civil remedies that apply, and some issues which arise in relation to the gathering of evidence in intellectual property cases. It identifies three essential elements in the relationship between intellectual property rights and remedies. First, there are the traditional remedies headed by damages that are normally granted at the trial. Second, intellectual property infringement often requires immediate action or a pre-emptive strike. Finally, gathering evidence that is vital for the full trial in an infringement case.
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This chapter first discusses the two roots of copyright. On the one hand, copyright began as an exclusive right to make copies—that is, to reproduce the work of an author. This entrepreneurial side of copyright is linked in with the invention of the printing press, which made it much easier to copy a literary work and, for the first time, permitted the entrepreneur to make multiple identical copies. On the other hand, it became vital to protect the author now that his or her work could be copied much more easily and in much higher numbers. The chapter then outlines the key concepts on which copyright is based.
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This chapter considers the major intellectual property rights in the UK and the protection the law gives to these rights. It explains the meaning of copyright, patents, trade marks, and design rights, and considers the types of works that might be protected by them. It explains whether the rights need to be registered and if so the process of registration. It examines the time limits for the protection of the various rights and the remedies available for infringement of them. It also considers the protection the law gives to intellectual property via the tort of passing off. The chapter concludes with a discussion of the possibilities of protecting intellectual property rights outside the UK.
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G. T. Laurie, S. H. E. Harmon, and E. S. Dove
This chapter examines the question of the limits set on our right to control our bodies or parts thereof. This debate has centred on the very important issue of our relationship with our body, and the status of the body, which has most recently been shaped by ideas of property. The chapter considers three aspects of that debate: property in material taken from living persons; property in material taken from cadavers; and the granting of intellectual property rights in human material.
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Julie Ringelheim
This chapter examines the sources of cultural rights in international human rights law, describes their evolution, and highlights the major debates regarding their interpretation. Specifically, it discusses the content and meaning of the right to take part in cultural life, the right to enjoy the benefits of scientific progress and its applications, and the rights of authors and inventors to the protection of their moral and material interests.
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Julie Ringelheim
This chapter examines the sources of cultural rights in international human rights law, describes their evolution, and highlights the major debates regarding their interpretation. Specifically, it discusses the content and meaning of the right to take part in cultural life, the right to enjoy the benefits of scientific progress and its applications, and the rights of authors and inventors to the protection of their moral and material interests.
Book
Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
Intellectual Property Law provides a detailed analysis of intellectual property law with reference to a wide range of academic opinion, giving a broad context for exploring the key principles of the subject. The book covers a number of areas of intellectual property law including copyright, patents, the legal regulation of designs, trade marks and passing off, confidential information, misuse of private information, and litigation and remedies. In this sixth edition, the introduction has been updated to take account of the United Kingdom leaving the European Union. Important developments covered include CJEU decisions on the concept of a copyright work, communication to the public, digital exhaustion and defences, and the Court of Appeal’s analysis of joint authorship.
Book
Lionel Bently, Brad Sherman, Dev Gangjee, and Phillip Johnson
Intellectual Property Law provides a detailed analysis of intellectual property law with reference to a wide range of academic opinion, giving a broad context for exploring the key principles of the subject. In this fifth edition, the introduction has been updated to take account of Brexit. Important developments covered include the introduction of a doctrine of equivalents into UK patent law, the reforms of EU trade mark law (particularly with respect to ‘representation’ of marks, and the ‘functionality exclusions’), and the development of the concept of ‘communication to the public’ by the CJEU. The book covers a number of areas of intellectual property law including copyright, patents, the legal regulation of designs, trade marks and passing off, confidential information, and litigation and remedies. The volume includes a new chapter on the tort of misuse of private information.
Book
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Intellectual Property Concentrate is the essential study and revision guide for intellectual property law students. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. After an introduction to intellectual property and common themes, the book covers: copyright; computer programs and databases; moral rights; performers’ rights; trade secrets and confidential information; patents; designs; and passing-off and trade marks. Written by experts and covering all the key topics so you can approach your exams with confidence, the book is: clear, concise, and easy to use, helping you get the most out of your revision; full of learning features and tips to show you how best to impress your examiner; and accompanied by online resources including multiple-choice questions and interactive flashcards to test your understanding of topics. Its ‘Exam essentials’ feature prepares you for your intellectual property law exam by giving help and guidance on how to approach questions, structure answers, and avoid common pitfalls.
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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.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the philosophical and justificatory context in which intellectual property rights (IPRs) have developed, and the international and regional frameworks that have emerged for their protection. It also considers some of the important contemporary debates surrounding IPRs, such as the interface with human rights and the notion of the public domain, and discusses how IP law might develop in the UK following its exit from the EU. There is a brief introduction on how to enforce IPRs.
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.
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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.
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This chapter examines intellectual property rights (IPRs) in relation to the information society. The discussion begins with an overview of IPRs involving copyright, patents, trademarks, and the database right, and then considers IPRs and the process of digitization within the framework of cyberlaw. It mentions the criticism received for overprotecting content or systems in the information society and discusses the idea of an over-reliance on models developed for a previous age and for different challenges in dealing with the information economy and society. It concludes by highlighting the tension between the information society and the intellectual property industry in terms of what each wants and expects: liberty, free use of content, and unfettered free expression for the former; and protection, control over use, and abuse and reward for the latter.
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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.
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This chapter discusses the relationship between competition law and intellectual property rights. Competition law may limit the ability to exercise intellectual property rights. Article 101 TFEU and Chapter I Prohibition may apply to agreements to license intellectual property, as well as pay-for-delay settlements between a patent holder and potential competitors. Article 102 TFEU and Chapter II Prohibition may apply to the use of intellectual property rights by a dominant undertaking, particularly when the protected asset is essential to third parties. The existence of intellectual property rights does not automatically confer a dominant position — the product or service may still face competition.
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