Information Technology and Intellectual Property Law

✍ Scribed by David I Bainbridge (editor)

• Publisher: Bloomsbury Professional
• Year: 2019
• Tongue: English
• Leaves: 779
• Category: Library

✦ Synopsis

Information Technology and Intellectual Property Law is a complete exploration of the relationship between information technology and intellectual property laws a very wide-ranging and complex, ever changing area of law.
It provides up-to-date coverage and analysis of the intellectual property laws applicable to all forms of computer software. placing the law in the context of computer use examining copyright, database rights, patents, trade marks, design rights and the law of confidence.
There have been numerous cases before the Court of Justice for the European Union (CJEU) recently, in particular involving the use of trade marks on the Internet, and these are analysed in detail with the implications of the judgments explained in a practical and accessible way.
Information Technology and Intellectual Property Law includes developments surrounding ISPs (Internet Service Providers), for example injunctions against ISPs both in the UK and before the Court of Justice of the European Union, and coverage of the Digital Economy Act provisions.
It can either be read from cover to cover as a thorough introduction to the subjects addressed or be used as a very useful starting point for a specialist practitioner faced with a particular problem on a particular case. With this in mind Information Technology and Intellectual Property Law is an essential addition to any an IT and IP practitioner’s bookshelf as well as a useful textbook for non-specialists as well as advanced undergraduate and taught postgraduate IT and IP courses.

✦ Table of Contents

Preface
Contents
Table of Statutes
Table of Statutory Instruments
Table of European Legislation
Table of Cases
Chapter 1 Introduction to information technology and intellectual property law
Introduction
Justification for the legal protection of computer software
Forms of protection for computer software
Development of protection for computer software
Liability of information society service providers
Trade marks on the internet and passing off
Competition law
Jurisdiction
Brexit
Summary
Chapter 2 Essentials of copyright law
Introduction
Layout of this chapter
Subsistence of copyright
Original works of copyright
Other works of copyright
Authorship
Ownership
Duration
Rights of the copyright owner and infringement
Remedies
Secondary infringement
Criminal offences
The permitted acts
Public interest and other defences
Dealing with copyright
Moral rights
Rights related to copyright
Chapter 3 Copyright and computer programs
Introduction
Layout of the chapter
Background and historical context
Subsistence of copyright in computer programs
Restricted acts and infringement of copyright in computer programs
Exceptions to the exclusive rights
Decompilation
Special measures of protection
Presumptions
Computer-generated works
Chapter 4 Non-textual copying of computer programs and emulating the functions of a computer program
Introduction
Layout of this chapter
Brief historical perspective
Non-textual copying in the UK
Emulating the functionality and other aspects of a computer program
Concluding remarks – emulating the functionality of a computer program
Chapter 5 Copyright in databases
Introduction
Layout of this chapter
Database technology
What is a database for the purposes of the Directive?
Subsistence of copyright in a database
Authorship, ownership and duration
Dealing with copyright databases
Rights of the owner and infringement
Exceptions to the restricted acts
Moral rights
Chapter 6 The sui generis database right
Introduction
Layout of this chapter
Subsistence
Ownership and dealing with the database right
Term of protection
Rights of database owners
Infringement
Exceptions to the database right
Rights and obligations of lawful users
Remedies
Licensing schemes
Circumvention of effective technological measures
Commission report 2005
Evaluation and Fitness Check Roadmap
Chapter 7 Copyright in the information society
Introduction
Layout of this chapter
Subsistence and exclusive rights
The Directive on copyright and related rights in the information society
Rights provided for by Directive
Exceptions and limitations
Protection of technological measures
Electronic rights management information
Remedies
Injunctions against information society service providers
Digital Economy Act 2010
Cross-border portability of online content services
The proposed Directive on copyright in the Digital Single Market
Chapter 8 Design law, computer graphics and typefaces
Introduction
Layout of this chapter
Copyright protection for computer graphics and typefaces
Trade mark protection
Design protection
The Community design
The UK registered design
Implications of design law for computer graphics, images displayed on websites and software fonts
Brexit and design law
Chapter 9 Semiconductor topography right
Introduction
Layout of this chapter
Background
The Directive on the legal protection of topographies of semiconductor products
Extension of protection to nationals of third countries
Experiences of semiconductor topography protection
The 2018 draft Regulations
Chapter 10 Confidential information, trade secrets and information technology
Introduction
Layout of this chapter
Basic requirements for an action in breach of confidence
Employees
Consultants and others
Covenants in restraint of trade
Public interest defence
Remedies
Human rights and the impact on the action of breach of confidence
Trade secrets law
Data protection law
Freedom of information
Chapter 11 Essentials of patent law
Introduction
Layout of this chapter
Requirements for the grant of a patent
Entitlement to a patent
Dealing with patents
Infringement and remedies
Defences
Formalities for the grant of a patent
The unitary patent and Unified Patent Court
Chapter 12 Patents and computer-implemented inventions
Introduction
Layout of this chapter
What is a computer-implemented invention?
Status of decisions of the Boards of Appeal at the EPO
Patentability under the Patents Act 1949
Position of software patents in the United States
Development of case law on computer-implemented inventions at the EPO
The position in the UK
Sufficiency and computer-implemented inventions
Patents and artificial intelligence
Chapter 13 Essentials of trade mark law and the law of passing off
Introduction
Layout of this chapter
Registered trade marks
Limitations on the effects of a trade mark
Licensing and dealing in trade marks
Requirement that trade mark must be used
Revocation and invalidity
Remedies
Registration of a national trade mark
The EU trade mark
Passing off
Malicious falsehood
Chapter 14 Trade marks, goodwill and the internet
Introduction
Layout of this chapter
Trade marks, websites and the internet
Passing off and the internet
Malicious falsehood and online statements
Chapter 15 Competition law
Introduction
Layout of this chapter
Restrictive trade agreements
Abuses of a dominant position
EU Antitrust Damages Directive65
Exhaustion of rights
Freedom to provide services
Chapter 16 Jurisdiction and intellectual property aspects of information technology
Introduction
Layout of this chapter
Development of rules on jurisdiction
The 'Brussels Regulation' and the basic rules
Copyright and related rights
Patents
Jurisdiction, trade marks and websites
Glossary
Computer terms
Legal and quasi-legal terms
Index