Intellectual Property, 6th edition

By David Bainbridge
Pearson Education
Distributed by Trans-Atlantic Publications Inc.
September 2006
ISBN: 140580159X
896 Pages
$99.50 paper original


Intellectual Property 6th edition provides a substantial view of intellectual property law, dealing with principles, academic issues and practical considerations. Split into well structured parts, each comprises an introductory chapter on basic principles, and subsequent chapters addressing the particular aspects of each right. The book provides an historical background to the current statutory and common law framework and analyses the grey areas revealed as English law struggles to keep up with technological change and European harmonization. Coverage is not limited to UK law, but includes appropriate international and regional legislation and decisions.

Contents

Preface
Table of cases
Table of legislation
Glossary
Table of abbreviations
Law reports references etc.

Part One: Preliminary


1 Introduction
What is intellectual property law?
Nature of intellectual property law
Cross-cutting themes
Practical considerations
Commercial exploitation of intellectual property
Framework for description of rights

Part Two: Copyright and related rights

2 Background and basic principles
What is copyright?
Brief history
Copyright and its relationship to other intellectual property rights
Copyright as a means of exploiting a work

3 Subsistence of copyright
Introduction
Original literary, dramatic, musical or artistic works
Sound recordings, films or broadcasts
Typographical arrangements of published editions
Qualification
Duration of copyright
Publication right

4 Authorship and ownership of copyright
Introduction
Authorship
Ownership
Dealing with copyright
Collecting societies
Licensing schemes
Compulsory licenses and licenses as of right
Copyright Tribunal

5 Authors’ rights
Introduction
Moral rights
Right to be identified as the author or director of a work (the paternity right)
Right to object to derogatory treatment of the work
False attribution of a work
Right to privacy in photographs and films
Joint works
Duration and transmission on death
Consent and waiver
Remedies
Moral rights and revived copyright
Artists’ resale right

6 Rights, infringement and remedies
Rights of copyright owners
The acts restricted by copyright
Authorizing infringement of copyright
Secondary infringements of copyright
Remedies for infringement of copyright
Presumptions
Criminal offences

7 Defenses to copyright infringement and the permitted acts

Introduction
Copyright owner authorized or consented to the act
Acquiescence, delay and estoppel
Public interest
Non-derogation from grant
The permitted acts
General, including fair dealing
Visual impairment
Education
Libraries and archives
Public administration
Computer programs and databases
Designs, typefaces and works in electronic form
Miscellaneous – literary, dramatic, musical and artistic works
Miscellaneous – other works
Adaptations
Statutory license to use sound recordings in broadcasts
Summary

8 Copyright and computer software
Introduction
Copyright protection for computer programs
Computer programs – basic position
Literal copying of computer programs
Non-literal copying of computer programs
Making an adaptation
Permitted acts in relation to computer programs
Computer programming languages
Databases
Computer-generated works
Circumvention of protection measures
Electronic rights management information
Satellite broadcasting
Scientific discoveries, genetic sequences and formulae

9 Rights in performances
Introduction
Rights granted by the Copyright, Designs and Patents Act 1988 as enacted
Rights in performances - present position
Common ground
Performers’ non-property rights
Performers’ property rights
Performers’ moral rights
Recording rights
Exceptions
Transitional provisions and savings
Offences
Summary

Part Three: The law of breach of confidence


10 Law of breach of confidence
Introduction
Development of the law of breach of confidence
The modern law of breach of confidence
Confidential quality
Obligation of confidence
Unauthorized use
Remedies
Part Four: Patent law

11 Patent law – background, basic principles and practical aspects

Introduction
Brief historical perspective
Justification for patent rights
Practical considerations

12 Requirements for patentability
Introduction
Sufficiency
Basic requirements
Novelty
Inventive step
Industrial application
Exclusions from patentability
Exclusions in s 1(2)
Computer programs
Exclusions in s 1(3)

13 Ownership, dealing with patents, safety and security and Crown use
Introduction
Ownership of patents
Dealing in patents
Licenses as of right
Compulsory licenses
Safety and security
Crown use

14 Patents – infringement, remedies and criminal offences
Introduction
Choice of court
Infringement
Interpretation of claims
Declaration of non-infringement
Evidence
Title to sue for infringement
Remedies
Assessment of damages
Criminal offences

15 Patents – defenses, groundless threats and revocation
Introduction
Defenses
Groundless threats of infringement proceedings
Revocation of patents
Part Five: Design law

16 What is a design?
Introduction
Brief history of design law up to 2001
Community design and the UK registered design
Design right
Community design, the UK registered design and the UK unregistered design right
UK unregistered design right and copyright
Particular examples
Ownership – differences between rights
International aspects

17 Community design and the UK registered design
Introduction
Community design
Requirements for protection (RCD and UCD)
Exclusions from the Community design
Entitlement to a Community design
Dealing with the Community design
Rights and infringement
Limitations and defenses
Remedies
Offences
Registration of a Community design
Invalidity and surrender
Appeals from decisions at OHIM
Jurisdiction
UK registered design
Brief history of the UK registered design
Implementation of the Directive
Requirements for registrability
Registration
Cancellation and invalidity
Duration
Ownership and dealing with registered designs
Crown use and secrecy provisions
Rights of proprietor
Infringement and exceptions
Defenses
Remedies
Groundless threats of infringement proceedings
Offences

18 The UK unregistered design right
Introduction
Subsistence of right
Originality
Tangible form requirement
Qualification
Duration of design right
Ownership
Assignment and licensing
Rights of owner and infringement
Exceptions to infringement
Defenses to infringement actions
Remedies
Semiconductor topography design right
Part Six: Business goodwill and reputation

19 Trade marks – introduction and background
Introduction
Rationale
Brief he and the Regulation
Hierarchy of courts and trade mark offices
Scheme and structure of the chapters on trade marks

20 The UK trade mark – requirements for registration and refusal of registration, surrender, revocation and invalidity,
trade marks as property and registration

Introduction
Registrable trade marks
Capable of distinguishing
Graphical representation
Unregistrable signs
Absolute grounds for refusal or invalidity
Relative grounds for refusal
Certification marks
Collective marks
Surrender of registered trade mark
Revocation
Invalidity
Trade marks as property
Registration

21 The UK trade mark – rights, infringement, limitations and defenses, remedies and criminal offences
Introduction
Rights conferred by registration and infringement
Comparative advertising
Applying mark to material, etc
Well known marks – Paris Convention countries
Trade marks and the internet
Evidential aspects
Limitations and defenses
Acquiescence
Exhaustion of rights
Groundless threats of infringement proceedings
Remedies
Criminal offences

22 Community trade mark and the Madrid System
Introduction
Community trade mark
Nature of the CTM
Requirements for registration
Rights, infringement and remedies
Limitation of the effects of a CTM
Applying for an registration of a CTM
Property rights in a CTM
Surrender, revocation and invalidity
Decisions at OHIM and appeals
Jurisdiction
The UK Community Trade Mark Regulations
International registration of trade marks

23 Passing off and malicious falsehood
Introduction
Basic requirements for a passing off action
Claimant’s goodwill
Descriptive words and geographical names
The scope of passing off
The nature of the misrepresentation
Character merchandising
Post-sale confusion
Damage to goodwill
Passing off and internet domain names
Defenses
Remedies
Malicious falsehood
Summary
Part Seven: European and international perspectives on IPR

24 Freedom of movement of goods and EC competition law
Introduction
Freedom of movement of goods
Repackaging
Goods placed on the market outside the EEA
Exhaustion of rights and disparities in national laws
Competition law
Article 81 – restrictive agreements, etc
The technology transfer Regulation
Article 82 – abuse of a dominant trading position
25 IPR and conflict of laws
Introduction
Jurisdiction
Forum shopping
Forum non conveniens
Applicable law

Appendices
Appendix 1 – Trade mark classification for goods and services
Appendix 2 – Useful Internet addresses for intellectual property information
Bibliography
Index

Features
• Addresses key principles, academics issues and practical considerations for a full appreciation of intellectual property law
• Follows a clear structure to introduce students to basic principles before exploring particular aspects relating to each right
• Provides an historical background to the current statutory and common law framework of intellectual property law
• Considers appropriate international and regional legislation in addition to UK law
• A dedicated companion website, containing updates, links to intellectual property sites, and a downloadable database of cases is located at www.booksites.net/bainbridge.



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