Guidebook to Intellectual Property

✍ Scribed by Robin Jacob; Matthew Fisher; Lynne Chave

• Publisher: Hart Publishing
• Year: 2022
• Tongue: English
• Leaves: 287
• Edition: 7
• Category: Library

✦ Table of Contents

Preface to the Seventh Edition
Contents
Table of Cases
PART I:
INTRODUCTION
1. Imitation, Monopoly and Control
Introduction
Kinds of Intellectual Property
'Exclusive Rights'
Registered and Unregistered Rights
Foreign Law
Spatial and Temporal Monopolies
Other Things
Exclusive Licensees
The Scheme of this Book
2. Courts, Remedies and Legal Actions
Civil and Criminal Law
The UK Civil Courts
The Continued Importance of EU Law
Dispute Fora Other than Courts
Infringement, Revocation, Declarations and Threats Claims
When to Sue
Time
Costs
Remedies
Seizure of Infringing Goods
3. Patent, Copyright or Design?
Introduction
Patents
Designs: Registered and Unregistered
Copyright
Periods of Protection
A Role for Trade Marks?
'Imitations' and Copying
Another Way?
PART II:
PROTECTING THE PRODUCT
4. Patents and How to Get Them
Introduction
The Patent Law System
When Is an Invention Patentable?
Entitlement: Who Can File a Patent Application?
The Patent Specification
Patent Attorneys
When to File?
The UK Application Process
Amendment after Grant
Revocation after Grant
Ownership
A Brief History
5. Important Inventions
Introduction
Where Others have Tried
An Important Invention
Protection Abroad
The European Application Process
The Patent Cooperation Treaty
What Route to Take?
'Improvement' Patents
Action for Infringement or Revocation
The Scope of a Patent: Claims and Equivalents
What Amounts to Infringement?
Delayed Actions
6. More about Patents
The Importance of Validity
Evading Patents
Licensing
Supplementary Protection Certificates
Taxation and Patents
Drugs and Similar Chemical Compounds
Genetic Engineering
Rights in New Forms of Plants
The Government's Right to Work Patents
Keeping Inventions Secret for National Security
7. Industrial Designs
Introduction
UK Registered Designs
UK Unregistered Design Right
EU UDR, CUDR and SUDR
Copyright and Designs
Use of Other Rights to Protect Designs
PART III:
TRADE MARKS, PASSING OFF AND UNFAIR COMPETITION
8. Trade Marks and Passing Off
Introduction
Passing Off and Registration of Trade Marks
9. Trade Mark Registration
Introduction
Absolute Grounds
Relative Grounds: Earlier Marks and Rights
Applications and Oppositions
10. Trade Mark Infringement
Introduction
What Activities Can a Registered Trade Mark Stop?
The Tests for Infringement
Use
Who to Sue?
Contested Actions
11. Exceptions to Trade Mark Infringement
Introduction
Use of Own Name or Address
Descriptive and Non-distinctive Use
Referential Use
But there Must be Honesty
Comparative Advertising
Earlier Rights
Use of Defendant's Own Registered Mark
12. Removal from the Register – Revocation and Invalidity
Introduction
Grounds for Revocation
Grounds for Declaration of Invalidity
13. EU Trade Marks, 'International' Registration and Well-Known Marks
Introduction
The EU Trade Mark
'International' Registration of Trade Marks
Well-Known Marks
14. Collective Marks, Certification Marks and Geographical Indications
Introduction
Collective Marks
Certification Marks
Geographical Indications
15. Passing Off
A General Rule
Varieties of Passing Off
'Badges' and Reputations
Odd and Unusual Instances
Suing for Passing Off
16. Malicious Falsehood and Other Actions
Introduction
Malicious Falsehood
Domain Name Disputes
Company Name Disputes
Advertising Standards Controls
PART IV:
COPYRIGHT AND RELATED RIGHTS
17. Introduction to Copyright
Introduction
The Nature of Copyright
Copyright, Reputations and Competition
Types of Copyright Dispute
Copyright in Practice
Copyright and Confidence
Old Copyright Works
A Short History
18. Works: The Subject of Copyright
Works: A Closed List
EU Influence on Originality and Works
Illegal and Immoral Works
Overlapping Rights
19. Authorship, Ownership and Term of Copyright
Introduction
The Basic Rule – Copyright Belongs to the Author
Exception 1 – Works by Employees
Exception 2 – Commissioned Works
Crown and Parliamentary Copyright
Where Authorship is Uncertain
Orphan Works
Duration and its Link to the Author and the Work
20. What Is Infringement of Copyright?
Introduction
Primary and Secondary Infringement
A Derivative Link is Crucial
Infringement by Reproduction
Other Forms of Primary Infringement
Secondary Infringement
21. What Is Not Infringement?
Introduction
The Owner of the Copyright Cannot Control Legitimate Copies
Specific Exceptions
Problematic Situations
22. Dealings in Copyright
Introduction
Formal Problems
Contracts Relating to Copyright
Taxation and Authors
23. Moral and Other Related Rights
Moral Rights
Other Related Rights
PART V:
MISCELLANEOUS MATTERS
24. The Criminal Law and Customs Seizure
Introduction
The Trade Marks Act 1994
The Copyright, Designs and Patents Act 1988
Registered Designs Act 1949
The Consumer Protection from Unfair Trading Regulations 2008
Other Criminal Laws
The Practical Working of the Criminal Law
Customs Seizures
25. Confidence and Privacy
Introduction
The Action for Breach of Confidence
Sale of 'Know-How'
The Need for Agreements
Difficult Cases
Privacy and the Press
A Brief Excursion into a Dry Debate
The EU Trade Secrets Directive
26. Database Right
Introduction
What Is a Database?
What the Database Right Protects
27. Reselling IP-Protected Goods: Licence or Exhaustion of Rights
Introduction
Does the Trade Activity Fall within the IP Holder's Exclusive Rights?
Consent/Licence
Exhaustion of IP Rights
Post-Brexit Trade between the UK, the EEA and the World
Free Movement of Goods within the European Economic Area
When Rights are Not Exhausted
28. Some International Aspects and Competition Law
Public International Law Aspects
EU Law
Competition Law
Private International Law
Foreign Entitlement to UK IP Rights
Index