Intellectual Property Law

Intellectual Property Law

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Bently a Sherman's Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible.New to this editionAn introduction updated to take account of case-law on the meaning of 'intellectual property' (Phillips v Mulcaire), new writing in the field of justifications (Breakey, Merges), and the latest literature discussing the expansion of intellectual property rights. Important developments at an international level are also covered, such as the Beijing treaty for Audiovisual Performers, and the Marrakech Treaty on copyright exceptions for the visually impairedA rewritten copyright section which covers the revolutionary case-law of the CJEU, in particular on originality, infringement, and the scope of rights, and analyses the extension of term for sound recordings/performances, the new 'Hargreaves exceptions', the Digital Economy Act 2010, the orphan works provisions in the EU Directive and the Enterprise and Regulatory Reform Act 2013, as well as the Supreme Court's decision in MeltwaterPart II on patents takes account of the impending Unitary Patent regime for the EU, alongside coverage of important case law from the CJEU (e.g. Brustle) and the Supreme Court on sufficiency, industrial applicability, and infringement by 'making' (Lundbeck v Generica, HGS, Schutz V Werit)The designs section has been updated in the light of CJEU (e.g. Grupo Promer), and domestic case law on Community Designs, UK Registered Designs and UK Unregistered Designs, as well as legislative reforms (such as repeal of section 52 CDPA and the other adjustments proposed to be effected in the Intellectual Property Bill 2013)Part IV on trade marks accounts for new case-law from the European Court of Justice, on the functions of marks (L'Oreal, Louis Vuitton, Interflora), the territorial aspects of notions such as distinctiveness, reputation, and genuine use (Leno Merken) and infringement (DHL), and anticipates the revision of the Community Trade Mark in light of the Max Planck reviewPart VI on litigation and remedies includes a review of the implications of the new unitary patent court system, and of the reforms of the Patent County Court (fee caps, and the introduction of the small claims process), considers developments in the field of injunctive relief, and examines the new Border Regulation, the Law Commission review of the 'threats provisions', and the criminalisation of registered design infringement under the Intellectual Property Bill 20131208a€“9. 43 Hadley Industries v. Metal Sections and Metsec (UK) (unreported, 13 November 1998) (Pat). 44 Hoffman La Roche v. ... Screen Repair Services [2001] RPC (24) ... Nokia Corporation [2013] EWHC 3247, [151]a€“[169]. 50 Betts v.

Title:Intellectual Property Law
Author:Lionel Bently, Brad Sherman
Publisher:Oxford University Press, USA - 2014-10-02


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