This chapter deals with civil and criminal remedies that are available where intellectual property rights are violated. It first considers the civil relief that is available before a trial takes place, namely, interim injunctions and prevention of imports. It then outlines the civil remedies that are available at full trial: final injunction, delivery up or destruction, the awarding of damages, the account of profits, and publicity orders. Finally, the chapter examines the various criminal remedies that intellectual property right holders may avail.
Chapter
49. Civil and Criminal Remedies
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
Chapter
20. EU competition law and intellectual property
This chapter provides an overview of the tension between the application of European Union (EU) competition law and the exercise of intellectual property (IP) rights. Key issues are the circumstances in which competition law may be applied to moderate the exercise of IP rights in the relevant market; clauses in intellectual property 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. The chapter also considers the implications of Brexit.
Chapter
9. An introduction to copyright
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.
Chapter
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.
Chapter
1. Themes in intellectual property
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.
Chapter
15. Copyright infringement
This chapter discusses the various acts that can infringe copyright. A distinction is made between primary infringement and secondary infringement. All forms of primary infringement involve copying, whether through reproduction or through performance of the work. Under s. 16(1) of the Copyright, Designs and Patents Act 1988, the rights of the copyright owner are infringed if: the work is copied; copies of the work are issued to the public; the work is lent or rented to the public; the work is performed, shown, or played in public; the work is communicated to the public; or an adaptation is made of the work or any of the above is done in relation to an adaptation. Secondary infringement involves the commercial exploitation of works that attract copyright.
Chapter
1. Introduction to intellectual property and common themes
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.
Chapter
32. Remedies in intellectual property litigation
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.
Chapter
1. Introduction to copyright
This introductory chapter provides an overview of copyright protection. It discusses how United Kingdom copyright law has developed from the mid-16th century onward. The purpose of giving this account is to highlight two recurring themes: firstly, the law's struggle to keep up with changing technology; and, secondly, the effect of external influences on domestic law. The chapter then looks at the theoretical justifications for copyright and the extent to which they accord with the current law, and the principal characteristics of copyright, including the crucial difference between protecting an idea and protecting the expression of that idea. There are a number of aspects of copyright that do not apply to other intellectual property rights like patents and trade marks. Understanding these differences will help one in distinguishing between the different types of intellectual property right.
Chapter
2. The international and European framework
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.
Chapter
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.
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.
Chapter
1. An Introduction to Intellectual Property
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.
