Intellectual Property Law, 3rd Edition

Author: Lionel Bently; Brad Sherman
Publisher: Oxford University Press
ISBN: 9780199292042
Published In: September 2008
Format: Paperback , 1264 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author
Reviews

Details

Provides a detailed analysis of intellectual property law with reference to a wide range of academic opinion, giving readers a broad context in which to explore the key principles of the subject
Writing style is particularly clear - the authors retain clarity whilst including an impressive amount of detail, and discussion of even the most complex areas is lucid and structured
Includes lively diagrams and illustrations to illuminate difficult concepts and help students relate to the subject
Anticipates new developments in the field in more depth than other textbooks, ensuring that readers are able to make informed judgments about forthcoming changes in the law, and understand the direction in which IP is moving

New to this edition

Fully updated to incorporate all of the latest changes in the field, including the implementation of performers' moral rights, the implementation of the EC enforcement directive, and the EC directive on artists' resale royalty
Case law at the ECJ will be fully updated, particularly in the fields of databases and trade marks, and coverage of developments in TRIPS interpretation will also be included
More illustrations are included to help the book suit a variety of learning styles and bring the subject to life
Main headings are set out at the beginning of each chapter, in order to help reader navigation
For the first time, this edition is accompanied by an online patent application to help readers understand this particularly complex process and area of law.

Bently and Sherman's

Intellectual Property Law

is the definitive textbook on intellectual property law.

The book's all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off and confidentiality, it also takes account of a wide range of academic opinion enabling readers to explore and make informed judgments about the key principles. The authors' particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible, and the text is further enlivened with illustrations and diagrams.

This edition:

- includes further illustrations and diagrams to help aid reader understanding and illustrate key concepts

- includes a sample patent application to help students understand this particularly complex topic

- takes account of the latest changes in the field, including the implementation of performers' moral rights, the implementation of the EC enforcement directive, and the EC directive on artists' resale royalty

- examines developments in case law at the ECJ, particularly in relation to trade marks and databases

- accomodates developments in TRIPS interpretation

In short, any serious scholar of intellectual property law, along with practitioners working in the area, will find that this book is an invaluable mine of information on all topics relating to IP law.

Readership: Advanced undergraduates taking an optional module in intellectual property law in the second or third year of their LLB (usually third year). Postgraduates studying intellectual property law. Also appeals to practitioners, and so should be included in the practitioner catalogue.

1: Introduction

Part I Copyright

2: Introduction to copyright

3: Subject matter

4: Criteria for protection

5: Authorship and first ownership

6: Nature of the rights

7: Duration of copyright

8: Infringement

9: Defences

10: Moral rights

11: Exploitation and use of copyright

12: Limits on exploitation

13: Related rights: performer's rights, database right, technological measures, rights management, information, public lending right, and the droit de suite

Part II Patents

14: Introduction to patents

15: The nature of a patent

16: Procedure for grant of a patent

17: Patentable subject matter

18: Novelty

19: Inventive step

20: Internal requirements for patentability

21: Ownership

22: Infringement

23: Exploitation

24: Rights related to patents

Part III The legal regulation of designs

25: Acquiring registered design protection in the United Kingdom and the European Community

26: The Community concept of design

27: Grounds for invalidity: novelty, individual character, and relative grounds

28: The rights of a proprietor of a UK registered design, a registered Community design, and unregistered Community design

29: Copyright protection for designs

30: Unregistered design right

Part IV Trade marks and passing off

31: Introduction to passing off and trade marks

32: Passing off

33: Misrepresentation

34: Damage

35: Trade mark registration

36: Subject matter

37: Absolute grounds for refusal

38: Relative grounds for refusal

39: Revocation

40: Infringement

41: Trade mark defences

42: Exploitation and use of trade marks

43: Geographical indications of origin

Part V Confidential information

44: Is the information capable of being protected?

45: Obligation of confidence

46: Breach, defences, and remedies

Part VI Litigation and remedies

47: Litigation

48: Civil and criminal remedies

Lionel Bently, Herchel Smith Professor of Intellectual Property, University of Cambridge, and Brad Sherman, Professor of Law, TC Beirne School of Law, University of Queensland

"There is no doubt that this edition, as previous editions of the book, presents helpful reading and is a perfect textbook for students, scholars and practitioners working on and interested in the subject of intellectual property in general." - E.I.P.R.

"This book indeed is an essential textbook for any intellectual property student's library." - E.I.P.R.

"Written by two leading academic intellectual property lawyers, Lionel Bently and Brad Sherman, Intellectual Property Law is a vast and comprehensive consideration of the key intellectual property issues including, where appropriate, their contextual background." - Student Law Journal

"Its written style is also impressive: lucidly explaining the detailed legal and, often, social issues that intellectual property law, in particular, encounters. Fortunately, the authors' written style ensures these issues are not lost within the detail." - Student Law Journal

"Intellectual Property Law is an indispensable text for anyone studying this complex but intriguing area of law. It is extremely well-written in an engaging and thought provoking way. The authors also ensure, by including number references, that it can also form the basis of further and independent research." - Student Law Journal