Contemporary Intellectual Property
� Law and Policy
   
 
Författare:Brown Abbe , Kheria Smita , Cornwell Jane , Iljadica Marta
Titel:Contemporary Intellectual Property � Law and Policy
Upplaga:6 uppl.
Utgivningsår:2023
Omfång:952 sid.
Förlag:Oxford University Press
ISBN:9780192855916
Ämnesord:Immaterialrätt , Utländsk rätt , Marknadsrätt

Pris: 696 SEK exkl. moms

 

An abundance of practical examples gives students a unique perspective on the subject in its social context.

This book examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), European, and international levels, giving the reader a true insight into the discipline and possible future developments.

Selling Points:

- An accessible and engagingly written introduction to intellectual property law
- Goes beyond an account of the law to look at policy directing legal decision making, as well as controversies and areas for further debate in order to give students an in-depth understanding of the subject
- Introduces the relevant European and international dimensions to IP law to ensure that students gain an understanding of IP law
- Practical examples, exercises, and diagrams clearly illustrate the core principles and help to bring the subject to life

New to this Edition:

- Includes engagement throughout the book with the implications of Brexit on IP law (including regarding the Unitary Patent, registered and unregistered Community designs, and the relationship with the EU in the context of free movement of goods and competition law) and relevant agreements, legislation, case law and retained EU law

- Coverage of important recent ECJ and UK case law on copyright subsistence, the category of artistic craftsmanship, joint authorship, infringement by copying, the public communication right, the IP Enforcement Directive, and the unregistered Community design

- Discussion of new developments including the EU Trade Secrets Directive; the actions for breach of confidence and misuse of private information; patents of the tests (and their limits) for inventive step; the new approaches of the EPO regarding biological products and processes; and the latest updates on remedies.


- An accessible and engagingly written introduction to intellectual property law

- Goes beyond an account of the law to look at policy directing legal decision making, as well as controversies and areas for further debate in order to give students an in-depth understanding of the subject

- Introduces the relevant European and international dimensions to IP law to ensure that students gain an understanding of IP law

- Practical examples, exercises, and diagrams clearly illustrate the core principles and help to bring the subject to life

- Also available as an e-book with functionality, navigation features, and links that offer extra learning support


New to this Edition:

- Engagement throughout the book with Brexit, its implications (including regarding the Unitary Patent, and the relationship with the EU in the context of free movement of goods and competition law) and relevant agreements, legislation, case law and retained EU law

- Coverage of important recent ECJ and UK case law on copyright subsistence, the category of artistic craftsmanship, joint authorship, the fair dealing exception in relation to parody, pastiche and caricature, infringement by copying, and the public communication right. Recent ECJ case law on the unregistered Community design, together with coverage of the particular impacts of Brexit on registered and unregistered Community designs and the post-Brexit creation of the new UK continuing unregistered design and UK unregistered design.

- Coverage of recent ECJ and UK case law on trade mark specifications and bad faith, on marks consisting of shapes and other characteristics necessary to achieve a technical result or giving substantial value to the goods, the absolute objection on grounds of morality and infringement, plus coverage of the particular impacts of Brexit for the EU trade mark.

- Discussion of the EU Trade Secrets Directive and developments in the actions for breach of confidence and misuse of private information.

- Coverage for patients of the tests (and their limits) for inventive step; the new approaches of the EPO regarding essentially biological products and processes; decisions regarding insufficiency, plausibility and undue burden, Crown Use, the relationship between patent ownership, inventorship and AI, and COVID and international policy responses.

Table of Contents:

I. Introduction

1:Intellectual property law: An introduction

II. Copyright

2:Copyright 1: History, rationale, and policy context
3:Copyright 2: Subject matter, first ownership, and term
4:Copyright 3: Economic rights and infringement
5:Copyright 4: Exceptions and limitations
6:Copyright 5: Moral rights, and exploitation of copyright
7:Rights akin to copyright

III. Design Protection

8:Registered designs
9:Unregistered designs
IV. Patents
10:Patent regimes and the application process
11:Patentability
12:The power of a patent

V. Registered Trade Marks

13:Trade mark regimes and the application process
14:Definition of a registrable trade mark, and absolute grounds for refusal/invalidation and revocation
15:Relative grounds for refusal/invalidation, infringement, and defences

VI. Common Law Protection of Intellectual Property, Trade Secrets, and Information

16:Passing off
17:Breach of confidence
18:Control of information

VII. Intellectual Property, Free Movement of Goods, and Competition Law in Europe

19:Free movement of goods and intellectual property rights
20:EU competition law and intellectual property

VIII. Enforcement and Remedies

21:Enforcement and remedies
 
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