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 licences and licences 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 Authorising infringement of copyright Secondary infringements of copyright Remedies for infringement of copyright Presumptions Criminal offences 7 Defences to copyright infringement and the permitted acts Introduction Copyright owner authorised 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 licence 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 Unauthorised 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 Licences as of right Compulsory licences 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 defences, groundless threats and revocation Introduction Defences 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 UKregistered 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 defences 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 Defences 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 Defences 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 UKtrade 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 UKtrade mark rights, infringement, limitations and defences, 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 defences Acquiescence Exhaustion of rights Groundless threats of infringement proceedings Remedies Criminal offences 22 Community trade mark and the MadridSystem 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 Defences 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
