Book Review: Intellectual Property: Patents, Copyrights, Trademarks & Allied Rights

Now in its ninth edition, this textbook - Intellectual Property: Patents, Copyrights, Trademarks & Allied Rights - has been on our shelves for 37 years. This is the first edition since Bill Cornish much deserved retirement and was therefore not directly involved, but we are left in the reliable hands of Professor David Llewelyn and Professor Tanya Aplin.

The latest edition, released earlier this year, provides an rigorous guide to intellectual property in the UK, organised into six parts.

Part 1: Common Ground
Part 1 consists of two chapters. The first provides an overview of intellectual property and the different types of IP including patents, copyright, trade marks, industrial designs and trade secrets. It also looks at the pressures for development and demands for greater protection. Chapter 2 covers the enforcement of rights, including types of proceedings, remedies in civil action, and evidence.

Part 2: Patents
Part 2 consists of five chapters on the topic of patents. Chapter 3 looks at the growth and purpose of patents, chapter 4 covers the granting of a patent, chapter 5 details validity including novelty, inventive step, industrial application as well as subject matter and disclosure. Chapter 6 moves onto the scope of the monopoly by looking at infringement. The final chapter in this part considers the patent property rights and exploitation from initial entitlement and property dealings, through to licensing.

Part 3: Confidence and Personal Privacy
Part 3 consists of 2 chapters on the topic of confidential information and personal privacy. Chapter 8 outlines the requirements and remedies in confidential information liability. Chapter 9 sets out the constitutional elements of privacy claims.

Part 4: Copyright and Designs
Part 4 provides six chapters covering copyright and designs. Chapter 10 starts by detailing the range and aims of copyright, followed by a consideration of subsistence of copyright through subject matter, formalities, qualification and term (chapter 11). Infringement of copyright and moral rights, including prohibited acts and fair dealing are covered in chapter 12. Exploitation, including ownership, assignment and licensing, and control are set out in chapter 13 which is followed by a detailed consideration of particular copyright cases in chapter 14. This covers areas of interest such as the media and public interest in the news, education and private study, rights in performances and artists resale right. This part concludes by looking at industrial design, in chapter 15, covering background, registered design, EU unregistered design and artistic copyright.

Part 5: Trade Marks and Names
Part 5 provides three chapters on trade marks. Chapter 16 begins by a consideration of the competitor and the consumer, looking at key themes, historical development and the development in the purpose of trade marks from the original function through to advertising. Chapter 17 turns to common law liability under passing off, and chapter 18 covers registered trade marks.
Image: julochka

Chapter 19 covers intellectual property in the European Union. Starting with trade marks and moving to unfair competition in the internal market. In the book it is printed at the end of Part 5, however, this Kat wonders if it could or should have been in Part 6...perhaps this was a metaphorical comment on the "chaotic", "confusing and complex" state of Brexit...

Part 6: The European Dimension and New Technologies
Part 6 takes a look at current technological issues in IP and technology, particularly from the EU perspective. Chapter 20 it is titled Digital Technology: Computers and the Internet, covering computer programmes from the perspective of copyright, patents, and database, as well as looking at other materials online, domain names and adwords. The final chapter 20 discusses IP and bio tech, looking in particular at patents and biotechnology, as well as human genetics.

The textbook is very detailed and dense but it is eloquently written so reads with ease and a touch of humour to keep those students engaged! In fact, this Kat thinks calling it a textbook might be considered an injustice, since it serves as both an accessible textbook for students as well as a useful reference guide for practitioners with thoughtful analysis for academics.

9th Edition, Paperback
Extent: 955 pages
ISBN:  9780414065826
£38.95 from the Sweet & Maxwell website
Also available as an eBook on Thomson Reuters ProView
Also available on Amazon 
Book Review: Intellectual Property: Patents, Copyrights, Trademarks & Allied Rights Book Review: Intellectual Property: Patents, Copyrights, Trademarks & Allied Rights Reviewed by Hayleigh Bosher on Tuesday, June 18, 2019 Rating: 5

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