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Chapter

This chapter examines the ways in which sentencing discretion is limited: a sentencing system in which there were no controls on how the judge or magistrate came to a decision on sentence would not be a principled system and could lead to injustice in individual cases. This chapter, therefore, examines the ways in which sentencing discretion is constrained, not only through law and guidance but also through the use of a justificatory principle as a constraint. In particular, it reviews the development of new forms of sentencing guidance, notably the definitive guidelines produced by the Sentencing Council, and discusses in detail the importance of a retributivist rationale. It explains classical retributivism, with a focus on Kant and Hegel, as well as modern retributivism.

Chapter

This chapter considers the evolution of modern copyright law against the background of its historical development in the UK and the international and European legal frameworks within which UK copyright law has been increasingly set since the nineteenth century. It examines the rationale and justifications for copyright and identifies the general policy context within which law and policy has developed in the UK and the EU. It also highlights the rapid development of new technologies which has brought copyright reform to the forefront in recent times, the difficulties which this new environment presents for the copyright framework, and how the framework has developed to such challenges.

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

This chapter introduces the key features of registered trade mark law, highlighting core aspects of registered trade mark protection and its differences to other IP rights. It discusses the theoretical underpinnings for registered trade mark protection and also the accompanying policy tensions, in the context of an increasingly visible place of brands in society. The chapter introduces the legal regime for the protection of trade marks from an international, EU, and national (UK) perspective. Reflecting relevant agreements and treaties, the chapter outlines various standards established for the protection of trade marks, along with the systems by virtue of which traders can register and protect marks in many countries throughout the world.