Synopses & Reviews
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 new 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.
Review
"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. 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. 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
Review from previous edition:
"Embracing the impact of modern technology, the second edition of this popular text book charts deftly the continuous evolution of intellectual property law. With this revised edition they have successfully reinvigorated a valuable guide for both undergraduate and postgraduate students. When combined with its clear and logical layout, something to which this area of law is not readily amenable, it is a most accessible and user friendly book. Clear and well chosen subheadings guiding the reader relatively painlessly through the most treacherous legal territory. Overall, this is an indispensable guide to any student or practitioner seeking to navigate the turmoil of the intellectual property landscape."
--European Intellectual Property Review, Patricia Edwards, University College London
Synopsis
This new edition has been fully revised and updated to incorporate all recent developments in this fast-moving area of the law. It provides a comprehensive treatment of the core areas of Intellectual Property and is ideal for use by students at undergraduate and postgraduate levels.
About the Author
Lionel Bently is Herchel Smith Professor of Intellectual Property at the University of Cambridge and Director of the Centre for Intellectual Property and Information Law
Brad Sherman the Director of ACIPA (The Australian Centre for Intellectual Property in Agriculture) and a Professor in Law in the TC Beirne School of Law at the University of Queensland
Table of Contents
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
1. Introduction