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Cover Intellectual Property Law

2. Copyright I: History, Justifications, Sources of Law, and Subsistence  

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. Copyright refers to a set of exclusive rights in relation to cultural works such as literature, newspapers, photographs, drawings, artworks, films, music, and plays, and also extends to less obviously aesthetic creations, such as computer programs and databases. This chapter discusses the history, justifications, and sources of UK copyright law as well as the requirements for copyright protection. The requirements for protection that are explored are subject matter, originality,and fixation. The impact of EU copyright law on these UK requirements is examined.

Chapter

Cover Public Law Concentrate

9. European Union law and institutions  

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. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.

Chapter

Cover Intellectual Property Law

14. Industrial Designs  

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 discusses design protection in the UK and EU and the impact of the UK’s departure from the EU on this protection. In particular, it traces the history of industrial design protection before turning to examine in detail the registered designs and unregistered design right systems. The chapter also analyses the relationship between copyright and industrial designs, the tensions that arise from this interrelationship, and how this interface will be regulated in future under UK law.

Chapter

Cover Public Law

23. Joining and Leaving the European Union  

This chapter discusses the constitutionalization of EU law, which was led by the European Court of Justice from the 1960s using the twin principles of direct effect and supremacy. These principles were fully developed by the time the UK joined the European Community in 1973. The chapter also examines the UK’s accession process and the European Communities Act 1972 before turning to the process of withdrawing from the EU. In that context, the chapter will focus on the concept of ‘retained law’, the implications of withdrawal for Scotland and Northern Ireland, and the Internal Market Act 2020.

Chapter

Cover Intellectual Property Law

3. Copyright II: Authorship, Ownership, Exploitation, Term, Moral Rights, and Economic Rights  

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 discusses principles relating to the authorship and ownership of copyright, and the significance of this designation. It examines how owners of copyright can exploit their works by either assignment or licence and the circumstances in which courts can imply terms in the absence of parties having agreed as to how a copyright work can be exploited. The chapter discusses the term of copyright protection and also examines exclusive rights, both moral and economic in nature, that authors and owners respectively have in their copyright works.

Chapter

Cover Intellectual Property Law

4. Copyright III:Infringement, Exceptions, and Database Right  

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 discusses the circumstances in which an owner’s economic rights may be infringed and the exceptions and limitations to copyright infringement, including fair dealing for research and private study, reporting current events, criticism or review, and quotation. The chapter explores recent cases relevant to these exceptions and how the UK’s departure from the EU may affect judicial interpretation and how technological protection measures interrelate with copyright exceptions. It also examines the sui generis database right.

Chapter

Cover Intellectual Property Law

6. Trade Marks I: Justifications, Registration, and Absolute Grounds for Refusal of Registration  

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 main justifications for the protection of registered trade marks. It considers the substantive law relating to the subject matter of registration as set out in the Trade Marks Directive (2016), its predecessor and domestic law. It looks at which signs will be registered as well as the absolute grounds for refusal of registration and at the Court of Justice of the European Union and domestic case law interpreting these grounds. The practicalities of the trade mark registration process both domestically and internationally are also considered. The chapter then looks at the relationship between registered marks and the public domain.

Chapter

Cover Intellectual Property Law

7. Trade Marks II: The Relative Grounds for Refusal of Registration, Infringement, and Remedies  

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 discusses the relative grounds for refusal to register a trade mark; acts that constitute infringement; and remedies for infringement. It considers the finding of the Court of Justice of the EU that the investment, advertising, and commercial functions of a trade mark will be protected as well as its role as a badge of origin in cases of ‘double identity’ under the Trade Marks Directive and domestic law. The chapter considers possible changes to the position under the new Trade Marks Directive and following the UK’s departure from the EU. It looks at cases in which a third party is deemed to have taken unfair advantage of a trade mark with a reputation. It also discusses the use of trade marks on the internet and the implications for findings of infringement.

Chapter

Cover Intellectual Property Law

8. Trade Marks III:Defences, the Loss of a Trade Mark, and Exhaustion of Rights  

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 considers the limitations of the protection afforded by trade mark registration. It discusses the defences to infringement set out in Article 6 of the Trade Marks Directive and section 11 of the Trade Marks Act 1994; trade marks and comparative advertising; the ways in which it is possible to lose registered trade mark protection (through revocation and a finding of invalidity); and how trade mark rights might be exhausted.

Chapter

Cover Intellectual Property Law

9. Breach of Confidence  

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 focuses on the action for breach of confidence as it relates to commercial secrets. It first considers the jurisdictional basis of the action for breach of confidence and then discusses the elements for establishing a breach of confidence. The first element is that there must be confidential information; the second element is that the defendant comes under an obligation of confidence; the third element of a breach of confidence requires an unauthorized use of the information to the detriment of the person communicating it. The chapter also reviews the main confidentiality obligations that apply to employees and ex-employees with regards to commercial secrets. Finally, the chapter considers UK implementation of the Trade Secrets Directive and its relationship to breach of confidence.