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Cover Intellectual Property Law

27. Grounds for Invalidity: Novelty, Individual Character, and Relative Grounds  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter explores the criteria that are applied to determine the validity of a design, whether a registered design in the UK or an unregistered design: the design must be ‘new’; the design must have ‘individual character’; the applicant or the right holder must be entitled to the protected design; and the design must not conflict with earlier relevant rights (including earlier design applications, copyright, trade mark rights, and rights relating to certain types of emblem). The factors to take into account to determine the novelty of a design, such as prior art, are also considered. The chapter concludes by looking at relative grounds for design invalidity.

Book

Cover Intellectual Property Law
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. Intellectual Property Law: Text, Cases, and Materials provides a complete resource for undergraduate and postgraduate students of intellectual property (IP) law. The only text of its kind in the field, it combines extracts from major cases and secondary materials with critical commentary from experienced teachers in the field. The book deals with all areas of IP law in the UK: copyright, trade marks and passing off, personality and publicity rights, character merchandising, confidential information and privacy, industrial designs and patents. It also tackles topical areas, such as the application of IP law to new technologies, such as artificial intelligence, and the impact of the internet on trade marks, copyright, and privacy. While the focus of the book is on IP law in a domestic context, it provides international, EU, and comparative law perspectives on major issues, and also addresses the wider policy implications of legislative and judicial developments in the area. The book is an ideal resource for all students of IP law who need cases, materials, and commentary in a single volume.

Chapter

Cover Holyoak and Torremans Intellectual Property Law

31. Character merchandising  

Character merchandising does not have much in the way of specific recognition in UK law. In response, the character merchandising industry has sought legal protection via the adaptation of other intellectual property rights and their application to the merchandising field. This chapter discusses how copyright, trade mark law, and various torts combine to confer legal protection on character merchandising.

Book

Cover Holyoak and Torremans Intellectual Property Law
Holyoak and Torremans Intellectual Property Law provides readers with a clear introduction to UK intellectual property law, whilst carefully placing the law in its global context and acknowledging the influence of EU and other international jurisdictions over its development. The book examines the methods and reasoning behind key statutory and case decisions, and provides readers with real-life examples of intellectual property law in action, helping to bring the subject to life. Recent developments within the law relating to biotechnology patenting, IT and internet, and trade mark, imaging, and character rights are explored, providing readers with a cutting-edge analysis of the subject. Chapter introductions and concluding overviews help to set the scene and provide a succinct summary of the topic areas, whilst lists of annotated further reading offer the perfect starting point for those who wish to explore a topic further. In this, its ninth edition, the book integrates the recent developments on the Unitary Patent; examines the reform of copyright, both EU (the fundamental cases from the CJEU) and domestic; and the recast of the Trade Mark Directive.

Chapter

Cover Intellectual Property Concentrate

8. Designs  

This chapter discusses designs law, which is a collection of legal rights that can protect designers of products from having the appearance or shape of their products copied, or give them a monopoly over the commercial exploitation of a shape. Designs law is not about any literary or musical content recorded on a product—that will be protected by copyright. Similarly, the underlying technological ideas may be protected by a patent. In the UK, copyright in designs cannot be used to prevent designs for everyday, functional articles from being copied; only artistic designs can be protected by copyright. Design right protects non-artistic designs and registered designs, and protects designs which are new and of individual character by a monopoly right that lasts 25 years. Registered designs law has been harmonized by the European Union.

Chapter

Cover Intellectual Property Law

10. Privacy, Personality, and Publicity  

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 protection of privacy, personality, and publicity interests. It considers: the law of privacy and the extent to which individuals can control the use or disclosure of their personal and private information; character and personality merchandising and the ways in which the law of registered and unregistered trade marks protects these interests; and the controversial question of whether individuals can and should be able to prevent the commercial exploitation of their personality and image through a separate publicity right.