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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Intellectual Property Law 4th ed

ISBN13: 9780199645558
Previous Edition ISBN: 9780199292042
Published: October 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £42.99

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Bently & 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 edition:-

  • An 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 impaired
  • A 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 Meltwater
  • Part 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 review
  • Part 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 2013

Intellectual Property Law
1. Introduction

2. Introduction to copyright
3. Subject matter
4. Criteria for protection
5. Authorship and first ownership
6. Nature of the rights
7. Duration of copyright
8. Infringement
9. Defences
10. Moral rights
11. Exploitation and use of copyright
12. Limits on exploitation
13. Related rights: performer's rights, database right, technological measures, rights management, information, public lending right, and the droit de suite

14. Introduction to patents
15. The nature of a patent
16. Procedure for grant of a patent
17. Patentable subject matter
18. Novelty
19. Inventive step
20. Internal requirements for patentability
21. Ownership
22. Infringement
23. Exploitation
24. Rights related to patents

25. Acquiring registered design protection in the United Kingdom and the European Community
26. The Community concept of design
27. Grounds for invalidity: novelty, individual character, and relative grounds
28. The rights of a proprietor of a UK registered design, a registered Community design, and unregistered Community design
29. Copyright protection for designs
30. Unregistered design right

31. Introduction to passing off and trade marks
32. Passing off
33. Misrepresentation
34. Damage
35. Trade mark registration
36. Subject matter
37. Absolute grounds for refusal
38. Relative grounds for refusal
39. Revocation
40. Infringement
41. Trade mark defences
42. Exploitation and use of trade marks
43. Geographical indications of origin

44. Is the information capable of being protected?
45. Obligation of confidence
46. Breach, defences, and remedies

47. Litigation
48. Civil and criminal remedies