CASES AND MATERIALS ON INTELLECTUAL PROPERTY CORNISH W. Księgarnia

Cases and Materials on Intellectual Property

William Cornish, Formerly Herchel Smith Professor of Intellectual Property Law, University of Cambridge

"This book contains all the major cases along with extracts from statutes...a must for any Student studying IP law." Student Law Journal

"... contains all the cases they (students) need in a clear and well ordered format. I would recommend any firm with an intellectual property section of its library to include this book on its shelves." New Law Journal

Cases and Materials on Intellectual Property is a detailed, in-depth and completely updated source book of relevant and pivotal cases and statutory materials. It is essential reading for both students and practitioners of IP law in the UK.
Contains an extensive and up-to-date collection of the major statutory materials in IP law, drawn from the UK, EU and international conventions
Includes comprehensive tables including a table of European Legislation and a table of International Treaties and Conventions

PREFACE

This sourcebook has a limited purpose It is designed to put together legislative texts and extracts from cases which form the basis of United Kingdom law on the various aspects of intellectual property rights proper and those topics, such as liability for breach of confidence and passing off, which form adjuncts It is intended to be used together wsth texts that give an account of the law as a corpus, and in particular with William Cornish and David Llewelyn, Intellectual Property Patents Copyright Trade Marks and Allied Rights (5th edition, 2003) It does not therefore have its own commentary or lists of suggestive questions The material that has been chosen for inclusion is inevitably selective, for the volume of case-law is very considerable What is more, it is expanding exponentially with the amount of work going to courts and the eagerness of competing report series to pinion in print every passing bird

It is only three years since the previous edition, but a book like this goes rapidly out of date On the legislative front, there has been rather less activity than around the millennial moment Nonetheless, the last edition had to include what it could of the British government's plans for implementing the European Community's extensive Directive on Copyright and Related Rights in the Information Society (as it was grandly described) Eventually an Order (SI 2498/2003) discharged the British government's obligations in the matter and the results are digested here for the delectation of readers Partly because the process in Britain does not require primary legislation, implementation of the Directive could be put through without the kind of political difficulties that have occurred in other EU states If the opportunity is presented of altering basic intellectual property law at the same time, given the highly charged debates which surround it at present, the legislative process will inevitably be delayed, however hard Brussels may puff By contrast, it is at Community level that progress on creating a Community Patent must take place, and there a different sort of political engagement continues to stand in the way of any progress

New case law there is aplenty Particularly intriguing is the entry of human rights principles on the embattled stage of relations between celebrities and the snooping media especially the press, both high and low, as tall-walking broadsheets shrink and slobber in imitation of tabloids What will British courts do when "taking account" of the success of Caroline ex-Monaco in challenging the omnipresent activities of German camerapersons9 A frisson to anticipate, surely Particularly impenetrable remain the efforts of courts to define what patents may be allowed for inventions turning upon novel computer programs and upon biotechnological issues that in some sense or other concern "human life" In the meantime, the flood is unceasing of cases that test the prospects of "branders" to devise ever more embracing forms of marketing strategy through trade marking and the like At least the European Court of Justice is intermittently unhappy with the potential for anticompetitive behaviour that such efforts presage But by no means always the last is still to come of the ambitions of the Benebourgeoisie to gold-plate the legal armoury of the advertiser It cannot be long before parts of this edition will be ripe for junking Which parts is a nice question

Paperback
740 pages

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