Book review: Enforcing Intellectual Property Rights

What better way to start the summer than by reading an intellectual property book. This time, this Kat had the opportunity to review Jane Lambert's book “Enforcing Intellectual Property Rights: A Concise Guide for Businesses, Innovative and Creative Individuals”, published earlier this year in its latest edition.

Structure of the book

The book is short, comprising 158 pages and divided into 12 chapters, each of which can be read independently if required.

The first chapter is there to set the scene. The majority of this chapter consists of a series of dialogues between the author and a fictional client. These discussions encompass the legal challenges encountered in the sale of the client's external wall-mounted ornaments.

The second chapter is dedicated to the definition of intellectual property and an overview of its advantages in the United Kingdom. In particular, the author highlights the tension that can arise between intellectual property and competition law.

Chapter 3 offers the author a chance to examine the origins of both Anglo-Saxon and European intellectual property law, while also considering the various international agreements. In this chapter, the author seeks to provide concise responses to a number of queries that readers may have.

The fourth chapter is titled "Dispute Resolution Options." It provides an overview of the fundamental principles and structures of the main legal systems. Furthermore, this chapter addresses alternative dispute resolution mechanisms that may be employed in lieu of litigation.

Chapter 5 is devoted to the 1999 New Procedural Code. It provides a sound definition of the Code by notably analysing its structure, court guides and practice forms.

The purpose of Chapter 6 is to list the question to be considered before threatening proceedings (e.g. prospect of success, benefits and costs, funding, impediments to litigation, expiry of the limitation period)

Chapter 7 focuses on the two ways of settling a dispute, namely negotiation and adjudication. It should be noted that this chapter also develops the concepts of search orders and freezing injunctions.

The objective of Chapter 8 is to assist the reader in preparing their case. This encompasses the selection of an appropriate jurisdiction, the collation of evidence and the preparation for cross-examination. Additionally, this chapter presents a comprehensive comparative table on patent litigation.

Chapter 9 aims to cover what happens on the day of the arbitration, hearing or other decision.

The objective of Chapter 10 is to assist the reader in identifying the appropriate resources for obtaining assistance in the event of a dispute. The author provides a concise overview of the roles and responsibilities of the key players involved in intellectual property matters (i.e. patent and trademark attorneys, solicitors, barristers, and foreign legal professionals).

Chapter 11 provides a clarification of the term "threat actions." This entails an examination of the legislative policy and legislative foundation behind it.

The final chapter presents a series of tips. These recommendations are, in fact, advice that should be derived from a careful reading of the book.

Additionally, the guide includes an appendix comprising templates for letters of claim, letters of response, particulars of claims and defences.

Thoughts

This book is primarily intended for business professionals and those working in creative environments, as indicated by both its title and its introduction. Nevertheless, the book may also be of interest to any professional who is seeking to gain insights into the enforcement of intellectual property rights, or even students. It may be presumed that a specialist in intellectual property would not require frequent consultation of this book.

It should be noted, however, that this guide is essentially based on UK legislation, with brief references to other common law systems and to continental law. It is therefore recommended that an intellectual property specialist who is not fully conversant with Anglo-Saxon rules should read this book. It would be beneficial to have additional volumes that focus on a different legal system each time (i.e. EU, USA, Japan, or China). This would allow for a more in-depth examination of these important jurisdictions and the IP strategies that are unique to them.

The brevity of this book and its chapters make it easy to read. The tone used, which at times is almost colloquial, and the occasional touch of humour, make for a smooth read. Unlike a traditional law textbook, this guide is not intended to cover every subject relating to intellectual property law. On the contrary, the practical examples and situations that the target audience may encounter make it all the easier to read.

This guide stands out from the substantial number of books on intellectual property because of the angle chosen, which is based on the author's professional experience. It is regrettable that legal books with an essentially practical approach are scarce. (which this Kat deplores, given that theory must be balanced by practice). This is reflected in an interesting comparative table for patent litigation, showing the cost of taking legal action, the length of the trial and the existence of specialised courts.

Details

ISBN 9781032837833
192 Pages
Published June 24, 2024, by Routledge