Holyoak and Torremans Intellectual Property Law

2019 ◽  
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Real Life ◽  
Trade Mark ◽  
Property Law ◽  
Intellectual Property Law ◽  
Starting Point ◽  
Recent Developments ◽  
Ninth Edition ◽  
The Subject ◽  
The Law

Holyoak and Torremans Intellectual Property Law provides readers with a clear introduction to UK intellectual property law, whilst carefully placing the law in its global context and acknowledging the influence of EU and other international jurisdictions over its development. The book examines the methods and reasoning behind key statutory and case decisions, and provides readers with real-life examples of intellectual property law in action, helping to bring the subject to life. Recent developments within the law relating to biotechnology patenting, IT and internet, and trade mark, imaging, and character rights are explored, providing readers with a cutting-edge analysis of the subject. Chapter introductions and concluding overviews help to set the scene and provide a succinct summary of the topic areas, whilst lists of annotated further reading offer the perfect starting point for those who wish to explore a topic further. In this, its ninth edition, the book integrates the recent developments on the Unitary Patent; examines the reform of copyright, both EU (the fundamental cases from the CJEU) and domestic; and the recast of the Trade Mark Directive.

scholarly journals Documenting the copyright sphere: can festivals solve the problem of copyright clearance for documentaries?

2019 ◽  
Vol 9 (4) ◽  
pp. 452-470
Author(s):  
Oğulcan Ekiz
Keyword(s):  
Intellectual Property ◽  
Documentary Film ◽  
Property Law ◽  
International Level ◽  
Policy Perspective ◽  
Copyright Policy ◽  
Intellectual Property Law ◽  
Copyright Clearance ◽  
Starting Point ◽  
Limitations And Exceptions

The starting point of this article is a short documentary film that I and five colleagues produced in the course of the Business of Film module at Queen Mary University of London's Intellectual Property Law LLM Programme. During the process of production, we faced some borderline issues regarding our unauthorized uses of others’ copyright works. When we put ourselves into the copyright's author's shoes, three problems arose regarding our use of possible limitations and exceptions: the lack of guidance; the fear of liability; and the unharmonized status of limitations and exceptions at an international level. This article examines these problems from a copyright policy perspective and invites documentary festivals to undertake a mission of guiding new documentary directors through the complex, unharmonized world of copyright limitations and exceptions.

scholarly journals Beyond Invention: Patent as Knowledge Law

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Cultural Influences ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Starting Point ◽  
Invention Patent ◽  
Patentable Subject Matter

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from the Court’s opinions. The article suggests that renewing consideration of the idea of a law of knowledge would bring some clarity not only to patentable subject matter questions in particular but also to much of intellectual property law in general.

scholarly journals Certain aspects of possible codification of legislation of intellectual property law

2021 ◽  
pp. 108-118
Author(s):  
Olena Shtefan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Subject ◽  
Independent Branch

Keywords: recodification of the Civil Code of Ukraine, codification of legislation onintellectual property law, subject and method of intellectual property law The article examines the issues related to the possibility ofcodification of legislation in the field of intellectual property rights. Currently, inUkraine there is a three-tier regulation of public relations in the field of intellectualproperty law. On the one hand, the Civil Code of Ukraine, the rules of which are characterizedby a corresponding nature, terminological inconsistency with special legislation;special legislation regulating legal relations arising from the creation and use ofcertain objects of intellectual property rights; as well as the provisions of ratified internationallegal acts in this area. Such legislation does not contribute to effectiveprotection or effective protection of intellectual property rights.The updating of the Civil Code of Ukraine will not improve the situation regardingproper legislative support in this area, and may lead to new conflicts. Based on the analysis of existing approaches in legal doctrine on the possible codificationof legislation in the field of intellectual property law, it is concluded that it ispossible if the latter is separated into an independent branch of law, characterized bythe subject and method of legal regulation. The existing approach to the definition ofthe subject of regulation in the doctrine of intellectual property law coincides with thecivilized approaches and does not reflect the specifics of legal relations that characterizethe field of intellectual property. The subject of intellectual property law is notlimited to private law relations, public law is also quite common. In this regard, it isproposed to understand the subject as a legal relationship arising in connection withthe creation, use and protection of intellectual property rights. It is proved that theright of intellectual property can be separated into an independent branch of law andto codify its legislation. This will be facilitated by the interest of the state and the correspondingpolitical will to do so.

Concurrent Liability in Contract and Intellectual Property Law: Licensing Agreements in Light of Case C-666/18 IT Development SAS

2020 ◽  
Vol 69 (10) ◽  
pp. 989-997
Author(s):  
Jens Schovsbo ◽  
Thomas Riis
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Contract Law ◽  
Basic Question ◽  
Copyright Holder ◽  
Property Law ◽  
Eu Law ◽  
Freedom Of Choice ◽  
Intellectual Property Law ◽  
Starting Point

Abstract It is the starting point in some jurisdictions that if a licensing agreement has been breached, the licensor may choose to establish their claims against the licensee on the basis of either contract or intellectual property law. This article argues that such a starting point should not be upheld. Not least because of developments in EU law, the intellectual property rights (IPR) system contains special remedies and procedures, which systematically and unilaterally benefit one of the parties to a contract, viz. the rightholder (licensor). The ability to have recourse against a contractual party via IPR instead of contract law ought to be limited as far as possible, i.e. restricted to those instances where this is prescribed by law. In the recent judgment of the CJEU, C-666/18 IT Development SAS, the Court held that a copyright holder/licensor must be able to rely on the remedies and procedures of the Enforcement Directive (IPRED). Consequently, freedom of choice between contract and IPR law is guaranteed in this respect. It is notable that this judgment deals exclusively with IPRED and does not have any broader effect in relation to the basic question of choice between contract and IPR law outside of the scope of the IPRED. Therefore, freedom of choice could still be limited, and licensees shielded against the special remedies and procedures which are at rightholders’ disposal outside of the IPRED.***

13. The emergence and forms of intellectual property law

2020 ◽  
pp. 223-229
Author(s):  
Ian J. Lloyd
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
The Internet ◽  
Property Law ◽  
Famous Scientist ◽  
Trade Marks ◽  
Intellectual Property Law ◽  
Isaac Newton ◽  
Technical Effect ◽  
The Law

Systems of intellectual property law date back many centuries and play a very important role in the information technology field. The main forms of intellectual property law are patents, copyright and trade marks. All play important roles and are considered in this section of the book. Patents and copyright have been applied in an IT context from the early days of the computer whilst trade marks have come to assume more significance with the commercialization of the Internet and its use by major manufacturers who typically own many trade marks developed for use in the course of their activities in the physical environment. As with many areas, the connection between the real and virtual words is not exact. The application of the law of copyright to software has seldom been in doubt. It is clear that the unauthorized copying of all of a work is unlawful. What is not clear is the extent of the protection. The famous scientist Isaac Newton is quoted as saying “If I have seen further, it is because I stood on the shoulders of giants”. Most later works build to some extent on their predecessors and there is a difficult dividing line between fair and unfair use of such works. Somewhat different issues apply in relation to patents – a branch of the law which offers the strongest protection but does require that works be innovative and produce a technical effect – that they should do something. This can be difficult to assess in respect of very fast-moving technologies.

Intellectual Property Law

2019 ◽  
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh
Keyword(s):  
Intellectual Property ◽  
Trade Mark ◽  
Copyright Law ◽  
Property Law ◽  
Trade Secrets ◽  
Trade Marks ◽  
Intellectual Property Law ◽  
Trade Mark Infringement ◽  
Comprehensive Text ◽  
Absolute Grounds For Refusal

Intellectual Property Law aims to provide a comprehensive text on all aspects of this field. The first part looks at the complexities of copyright law, from authorship and first ownership to infringements and defences. It also covers moral and related rights. The second part looks exclusively at passing off. Then the text turns to trade marks. It examines the absolute grounds for refusal and the relative grounds for refusal of registration. It looks in detail at infringement and loss of registration of trade marks, and this part of the book ends with an examination of defences to trade mark infringement. The next part is about patents. After an introduction to patents the text analyses ownership and infringement of patents. The text then moves on to confidential information, in other words, trade secrets. Designs are examined after this. The final few chapters are about the exploitation and enforcement of intellectual property. The text concludes.

Intellectual Property Law

2018 ◽  
Author(s):  
Lionel Bently ◽  
Brad Sherman ◽  
Dev Gangjee ◽  
Phillip Johnson
Keyword(s):  
Intellectual Property ◽  
Private Information ◽  
Legal Regulation ◽  
Trade Mark ◽  
Patent Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Public ◽  
Wide Range ◽  
Trade Mark Law

Intellectual Property Law provides a detailed analysis of intellectual property law with reference to a wide range of academic opinion, giving a broad context for exploring the key principles of the subject. In this fifth edition, the introduction has been updated to take account of Brexit. Important developments covered include the introduction of a doctrine of equivalents into UK patent law, the reforms of EU trade mark law (particularly with respect to ‘representation’ of marks, and the ‘functionality exclusions’), and the development of the concept of ‘communication to the public’ by the CJEU. The book covers a number of areas of intellectual property law including copyright, patents, the legal regulation of designs, trade marks and passing off, confidential information, and litigation and remedies. The volume includes a new chapter on the tort of misuse of private information.

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