Merchandising Intellectual Property, 3rd edition

Previously known as 'Character Merchandising', this is the only book available that deals with the particular problems which arise in relation to merchandising in the UK.

Examining important issues to be considered by the owners and the licensee, it offers information in a concise and readily accessible format and includes invaluable precedents such as licensing agreements, cross-border licences and a representation agreement.

Covering the UK plus 5 key international jurisdictions: Australia; Canada; France; Germany; and USA, this new edition has been brought right up-to-date and includes updated coverage of trade marks law (including Arsenal v Reed), revised content to take account of the Act 1998, and changes to copyright law, in the US in particular.

Reviews:

This new edition of the book previously known as Character Merchandising was well overdue. It is after all still the only book available that deals with the particular problems which arise in relation to merchandising in the United Kingdom in a comprehensive way. Merchandising forms part of intellectual property, but intellectual property rights are only a tool to create and protect a merchandising business. The strength of this book is that it focuses on the practical aspects of the merchandising activity and arranges the legal tools that are relevant in the order in which they would arise if one considered setting up a merchandising activity.

This book is much more than a practical guide to merchandising for non-lawyers, but it has the advantage that those who are not legal experts can use it to find guidance when engaging in merchandising activities. At the same time the lawyer who is not necessarily familiar with merchandising finds all relevant legal elements in enough detail to provide legal advice to clients. From whatever side one approaches the merchandising field, one finds in this book all one needs to know about its legal aspects and implications.

The first part of the book covers the acquisition of merchandising rights. The focus here is on intellectual property rights as a means to protect such merchandising rights. Copyright is dealt with in great detail and trade marks and passing off also receive proper attention. In comparison registered designs are dealt with cursorily. The relevant legal provisions are set out, but there is relatively little in terms of comment and analysis. This is a pity, as they can be useful and in relation to the other rights much more attention is paid to the practical operation of these rights in a merchandising context.

The second part of the book then turns attention to the setting up of a licensing programme. Licensing contracts play an important part here and they are analysed in detail. Much less obvious to at least part of the merchandising community are issues of liability and competition law. The authors draw attention to these points, and also provide in-depth guidance. Filling this gap, which can bring with it huge risks, is in its own right a reason why this book is so valuable. A large chapter dealing with tax implications completes this part.

With the rights and the licensing programme in place the book turns in the third part to exploitation proper and to the policing of merchandising rights. Both civil and criminal remedies are dealt with and once more this is done in a very practical way that takes account of the specificities of a merchandising operation.

The final part deals with precedents and effectively provides model agreements. This is probably the most vital part in practice and it is extremely helpful both for those engaging in merchandising activities and for the lawyers advising them.

The main focus of the book is on the law in the United Kingdom, but proper attention is also paid to key jurisdictions such as Australia, Canada, France, Germany and the United States. US law is dealt with in more detail than the other jurisdictions, which is easily understood if one considers the key role of US enterprises and of the US market in relation to merchandising.

This is therefore still the standard text in this area. It is an invaluable tool for anyone who finds him/herself involved with merchandising intellectual property.

Prof. Dr Paul Torremans, School of Law, University of Nottingham