EU Intellectual Property Law

Author: Trevor Cook
Publisher: Oxford University Press
ISBN: 9781904501527
Published In: March 2010
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
Reviews

Details

Gives expert analysis of the impact of the EC treaty provisions on all the major substantive areas of intellectual property law
Discusses the harmonisation of intellectual property rights, including copyright, trademarks and industrial design
Includes practical coverage of the enforcement of intellectual property rights
Considers the impact of the establishment of a Unitary Right on border protection and geographical indications
European Union law affects the law of intellectual property in two main ways. The first is under EC Treaty provisions on non-discrimination, free movement of goods (in relation to parallel imports) and principles of competition law (in relation to licensing of IPRs or refusal to grant such licenses). A significant part of this book deals with those aspects of Community law that are common to most intellectual property rights across the EC, including the effect of the EC treaty on national intellectual property rights, limited harmonisation of those rights in some areas, and how EU law impacts on enforcement.

The second way in which EU law effects intellectual property is in those areas where the substantive national intellectual property laws of the member states have been harmonised, or supplemented, by the establishment of Community-wide unitary intellectual property protection.

The rest of the book looks in detail at the effect of Community law and of harmonisation on specific intellectual property rights, including copyright and related rights, trade marks, geographical indications, designs, database rights, patents and plant variety rights .

Readership: This book has a wide readership and will appeal to solicitors and barristers specialising in intellectual property law, trademark attorneys, patent attorneys, academics in the field, judges and reference libraries.

1: Introduction
2: The Effect of the EC Treaty on National Intellectual Property Rights
3: Copyright and Related Rights - Harmonisation
4: Trade Marks - Harmonisation of National Rights and Establishment of Unitary Community Right
5: Geographical Indications - Establishment of Community Regime
6: Industrial Designs - Harmonisation and the Establishment of the Community Design
7: Patents, Utility Models and Plant Variety Rights - Partial Harmonisation of Patent Laws and Establishment of Community Regime for Plant Variety Rights
8: Semi-conductor Chip Topographies - Harmonisation
9: Unfair Competition, Including Under TRIPs, The Protection of Undisclosed information - Partial Harmonisation and Partial Establishment of a Community Regime
10: Measures Having Horizontal Effect On Intellectual Property, Including Those Concerning The Enforcement of Intellectual Property Rights
11: Enforcement of Intellectual Property Rights
Appendix - Texts of Main Regulations and Directives
Index

Trevor Cook, Partner, Bird & Bird, London

"Apart from the comprehensive coverage and the systematic descriptive analysis one needs to mention another strong point about the book. Each chapter comes accompanied by the relavant legislative texts. The reader therefore immediately has all the references and the whole package to hand. This book does very well in what it sets out to do and it clearly responds to a need in doing so." - Professor Dr Paul L.C Torremans, European Intellectual Property Review

"I am not aware of any similar compilation of all the EU IP law texts and must applaud Trevor for a book that has clearly taken a huge amount of effort to compile. We have needed a book covering this subject for along time and it was well worth the wait (and the weight). I recommend not only having a copy in your library for reference but also taking the time to read it." - CIPA July 2010

"...a useful research tool as a case citator or basic introdution to particular legislation...also doubles as a statute book for those who like their EU legislative materials in hard copy." - Christopher Stothers, University College, London